News & Analysis as of

National Origin Discrimination

Labor and Employment Group News: A Single Racist Comment Can Create a Hostile Work Environment

by Murtha Cullina on

On April 25th, the United States Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single incident can suffice to state a claim for a discriminatory hostile work...more

Glaser Organic Farms Llega A Un Acuerdo Resolutorio En La Demanda Que La EEOC Habia Radicado Por Acoso Basado En Origen Nacional,...

Trabajadoras de la Cocina Fueron Compensadas por el Discrímen por parte de la Gerencia Basado en Origen Nacional y Color - MIAMI-Glaser Organic Farms, es una granja de venta al detal en Redlands cuyo propietario y...more

Avoiding Illegal Termination of Employees in Nevada

by Dickinson Wright on

One of the many challenges for employers is that, occasionally, employees must be terminated. Unfortunately, sometimes those former employees claim to have been terminated illegally, giving rise to the risk of legal and...more

HUD Resolves Allegations of Discrimination Against California Lenders

by Goodwin on

?On April 19, the U.S. Department of Housing and Urban Development (HUD) announced that it had entered an agreement with a group of California mortgage lenders to resolve allegations that they discriminated against a mortgage...more

EEOC Sues SLS Hotel in Miami Beach For Discriminatory Firing Of Black Haitian Kitchen Workers

Terminations Were Based on Race, Color and National Origin, Federal Agency Charged - MIAMI - The SLS Hotel in Miami Beach's South Beach violated federal law by firing black Haitian dishwashers because of their race,...more

FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

by Rumberger Kirk & Caldwell on

In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more

USCIS and U.S. DOJ Signal Efforts to Tighten Control Over the H-1B Visa Program

United States Citizenship and Immigration Services (USCIS) and the Immigrant and Employee Rights Section of the U.S. Department of Justice’s Civil Rights Division (DOJ-IER) issued statements signaling their cooperation with...more

King-Lar Company Will Pay $325,000 To Settle EEOC Color and National Origin Discrimination Lawsuit

Decatur Sheet Metal / HVAC Company Allowed Verbal Harassment and a Physical Attack Against Black Hispanic Employee, Federal Agency Charged - CHICAGO - Decatur, Ill.-based company King-Lar will pay $325,000 to settle a...more

Kasco to Pay $110,000 to Settle EEOC Discrimination and Retaliation Lawsuit

Butcher Supply Company Fired Muslim Afghan Woman for Complaining About National Origin and Religious Discrimination, Federal Agency Charged - ST. LOUIS -- KASCO, LLC, a St. Louis company which manufactures and sells...more

Second Circuit Holds “Hispanic” Is a Race Under Section 1981 and Title VII

by Jackson Lewis P.C. on

On February 16, 2016, the Second Circuit issued an opinion holding that “Hispanic” is a race for the purposes of both Section 1981 and Title VII. Village of Freeport v. Barrella, 814 F.3d 594 (2d Cir. 2016). Judge José A....more

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

California Again Updates Equal Pay Act

by Bass, Berry & Sims PLC on

After amending its Equal Pay Act to address gender-related wage differentials effective January 1, 2016, the California legislature enacted nearly identical language to also preclude wage differentials based on race or...more

EEOC To Reconsider Pay Data Collection

by SmithAmundsen LLC on

On September 29, 2016, the Equal Employment Opportunity Commission (EEOC) announced it finalized regulations that require employers to include employee pay data in annual EEO-1 reports. The pay data is required for 2017...more

Understanding National Origin Discrimination – Part 2

by Zelle LLP on

Last week, we discussed the definition of national origin discrimination and the requirements imposed on employers by state and federal law. Today’s post provides examples of workplace issues involving workers’ national...more

Big Changes for California’s Labor, Employment Laws

by Best Best & Krieger LLP on

Californians are starting to feel the effects of new labor and employment laws passed in 2016 that raise the state’s minimum wage, aim to erase wage gaps, protect immigrant and disabled workers, as well as establish...more

Fenwick Employment Brief

by Fenwick & West LLP on

California Legislative Update - In the latter half of 2016, California Governor Jerry Brown signed numerous bills into law. Below is a summary of those laws that will affect California employers in 2017 and...more

Health Care Reform in Transition While Congress Deliberates

by Ballard Spahr LLP on

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

A Look at the EEOC’s Latest Guidance on National Origin

The U.S. Equal Employment Opportunity Commission has issued new guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. The enforcement guidance is significantly more detailed than...more

Employment Law Navigator – Week in Review: January 2017 #3

by Zelle LLP on

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Understanding National Origin Discrimination – Part 1

by Zelle LLP on

In 2000, 7,792 complaints of discrimination based on national origin were filed with the EEOC. By 2002, in part because of the societal effects of 9/11, the number had increased to 9,046. In 2010, 11,304 such complaints...more

OFCCP Sues Google, Seeking Pay Data

On January 4, 2017, the Office of Federal Contractor Compliance Programs (OFCCP) sued Google, claiming that the tech giant is illegally withholding information about the compensation it provides its employees.  OFCCP seeks...more

Kevothermal, LLC to Pay $60,000 to Settle EEOC Equal Pay and National Origin Discrimination Lawsuit

Female Paid Less Than Male Co-Worker For Doing Similar Work and Told Not to Speak Spanish on Production Floor Though It Was Part of Her Job - Albuquerque, NM- - The U.S. Equal Employment Opportunity Commission (EEOC)...more

National Origin Discrimination – A New Frontier?

by Ruder Ware on

Immigration law is said to be the next major debate in both state legislatures and Congress. While that debate will focus on the rights of immigrants to gain legal status in our country, employers can anticipate many new...more

2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

by Seyfarth Shaw LLP on

We are once again pleased to offer our loyal readers our annual analysis of the five most intriguing developments in EEOC litigation in 2016, along with a pre-publication preview of our annual report on developments and...more

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