National Origin Discrimination

News & Analysis as of

Obama embraces ‘ban the box’ movement

In November, President Obama announced that he was directing federal agencies that they could not inquire about criminal convictions on federal job applications. According to the president, the federal government “should not...more

National Tire and Battery to Pay $22,500 to Settle EEOC National Origin / Religious Harassment Suit

Arab and Muslim Mechanic Was Abused, Federal Agency Charged - CHICAGO - National Tire and Battery (NTB) will pay $22,500 to a former employee to resolve a national origin and religious harassment lawsuit brought by the...more

Groundhog Day In September – Another Repeat Of The EEOC Fiscal Year-End Lawsuit Filing Frenzy

As the clock ticked down on the EEOC’s fiscal year (which ended on September 30), we are struck once again by the eerily consistent trend in the agency’s federal court filing trends. Employers around the country are seemingly...more

EEOC Sues Glaser Organic Farms for Discrimination Based on National Origin and Color

Guatemalan, Mexican Kitchen Employees Subjected to Hostile Work Environment and Retaliation, Federal Agency Charges - MIAMI - Stanley Glaser, dba Glaser Organic Farms in Southwest Miami-Dade County, subjected its kitchen...more

EEOC Sues Antonella’s Restaurant & Pizzeria for National Origin Harassment

Co-Owner Harassed Hispanic Workers and Told Them Not to Speak Spanish, Federal Agency Charges - NEW YORK - Antonella's Restaurant and Pizzeria, Inc, JTA, Inc., and Grand Centro, three Italian restaurants located in...more

Employment Discrimination Complaints Up Over 11 Percent in 2014-2015; A Look at CHRO Statistics Part 1

As I noted on Friday, the Connecticut Commission on Human Rights & Opportunities has, at long last, released case statistics for 2014-2015 fiscal year and has updated their statistics for the last several years. As a...more

Apartment Complex Sued by EEOC for National Origin and Pregnancy Discrimination

Federal Agency Charges Ryan's Pointe, LLC Fired Manager Because of Her Hispanic National Origin and Pregnancy - HOUSTON - Ryan's Pointe, LLC violated federal law by discharging its apartment manager because of her...more

HHS Proposes Rules for Nondiscrimination in Health Care

On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) proposed new regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). Section 1557 prohibits...more

Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015), Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia compelled the EEOC to...more

EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Employee Relations, Title VII, and the Confederate Battle Flag

Many workplaces situated below the Mason-Dixon line will employ both those who feel the Confederate flag is a vital part of their heritage and self-expression, and also those who see the Confederate flag as a symbol of...more

EEOC Sues King-Lar Company for National Origin and Color Harassment

HVAC and Roofing Company Managers Alleged to Have Witnessed Offensive Language and Received Complaints But Did Nothing - CHICAGO - King-Lar Company violated federal civil rights laws by failing to stop the harassment of...more

EEOC’s “Reverse” National Origin Discrimination Suit Survives Motion to Dismiss

This week, a federal district court ruled that the U.S. Equal Employment Opportunity Commission (EEOC) made sufficient factual allegations of intentional discrimination against a local farming company to survive a motion to...more

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case,...more

Employer Potentially Liable for Harassment of Supervisor by Her Subordinates

Employers are well aware of their potential liability for workplace harassment claims involving co-workers or third parties. They also understand their heightened legal responsibility when the alleged harasser is the...more

Court Issues Preliminary Injunction Prohibiting Employer From Terminating Employee Pending Resolution Of EEOC Lawsuit

On July 22, 2015, in Equal Employment Opportunity Commission v. Peters’ Bakery, Case No. 13-CV-045107 (N.D. Cal. July 22, 2015), Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California,...more

Condo Association Sued for Sexual Harassment National Origin Discrimination and Retaliation

Management Company Also Sued; Vulnerable Workers Subjected to Abuse, Including Attempted Rape, and Retaliation for Complaining, EEOC Charged - DENVER - Vail Run Community Resort Association, Inc., a condominium complex...more

EEOC’s Pattern-Or-Practice Claims Against JBS to Proceed to Trial, Federal Judge Orders

Federal Court Denies Meat Processor's Motion for Summary Judgment on Agency's Title VII Race, National Origin, and Religious Discrimination and Retaliation Case - DENVER - A federal judge has denied, in its entirety, the...more

Retailers Should Review I-9 Processes in Light of Recent DOJ Settlement

Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal...more

Top 10 Bad Questions to Avoid When Interviewing a Job Applicant

When interviewing job applicants, there are good questions and bad questions. A good question seeks relevant and helpful information about the person applying for the job and about the applicant’s job qualifications...more

Pioneer Hotel to Pay $150,000 to Settle EEOC National Origin / Color Harassment & Discrimination Suit

Hotel Failed to Halt a Barrage of Racial Slurs Endured by a Class of Latino / Brown-Skinned Workers, Federal Agency Charged - LAS VEGAS - Pioneer Hotel, Inc. in Laughlin, Nev., will pay $150,000 and furnish other...more

EEOC Resolves Race Harassment Case for $180,000

NFI Logistics and Federal Agency Agree to Consent Decree - CHICAGO - The U.S. Equal Employment Opportunity Commission (EEOC) today resolved its race and national origin harassment suit against NFI Interactive Logistics...more

HUD Reaches $200 Million Settlement Over Redlining Allegations

On May 26, the U.S. Department of Housing and Urban Development announced that it entered into a conciliation agreement with a Wisconsin-based bank to resolve claims that, from 2008 to 2010, the bank discriminated on the...more

Recent changes to employing foreign workers

This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers. L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a...more

Friendship, Commerce and Navigation Treaties and Title VII

On April 15, 2015, former employee Steven Heldt sued Tata Consultancy Services, Ltd. in United States District Court for the Northern District of California for discrimination. Tata is multinational corporation headquartered...more

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