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National Origin Discrimination Corporate Counsel

Littler

Foreign Language Business Meetings Not Unlawful Discrimination, Court Finds

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In a recent decision, a New York federal court rejected a former employee’s claims that permitting employees to speak only Japanese in business meetings, where individuals who do not speak Japanese are present and are without...more

Littler

Illinois Makes Discrimination and Immigration Practices Based on Work Authorization Status a Civil Rights Violation

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On August 2, 2021, Illinois enacted House Bill 0121 (Bill) that – effective immediately – adds a provision to the Illinois Human Rights Act (IHRA) making it a civil rights violation for discriminating against employees and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...more

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

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As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Schwabe, Williamson & Wyatt PC

Can Private Employers Require an Employee Who Recently Returned from a Coronavirus-infected Region to Stay Home Even if...

The short answer is “yes.” But what if the employee simply lives with someone who recently returned from China? What if they returned from Canada, where the infection is not wide spread? And does an employer have to pay...more

Vedder Price

Navigating Export Compliance and Anti-Discrimination: What DOJ’s Recent Settlement with Honda Aircraft Teaches Us

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The Department of Justice (DOJ) recently reached a settlement with Honda Aircraft Company, LLC (Honda Aircraft) resolving a claim that Honda Aircraft violated the Immigration and Nationality Act’s (INA) anti-discrimination...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Supreme Judicial Court Holds Denial of Lateral Transfer May Constitute Adverse Employment Action

On January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer’s failure to grant an employee’s lateral transfer request could support an employment...more

Davis Wright Tremaine LLP

California Employment Law Year in Review: Important Developments of 2018

2018 saw a number of new and important cases and other developments that affect California employers. U.S. Supreme Court Upholds Class Action Waivers - The U.S. Supreme Court finally and conclusively established that class...more

Fisher Phillips

Top 10 Non-Monetary Terms In Uber’s $10M Discrimination Settlement

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Sure, the monetary portion of the settlement—$10 million to a class of approximately 400 Uber software engineers and over $2.6M in attorneys’ fees—is pretty eye-opening. But perhaps the more significant part of the settlement...more

Burr & Forman

Eleventh Circuit Finds HR Employee’s Assistance with EEOC Charge Reasonable

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In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more

Littler

Supreme Court Year in Review: Union Agency Fees, Travel Restrictions, and the Retirement of Justice Kennedy

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The U.S. Supreme Court closed out its most recent term, which began in October 2017, with a number of high-profile and ground-breaking decisions. ...more

Davis Wright Tremaine LLP

Supreme Court Upholds Travel Ban – Implications for Employers

On June 26, 2018, the U.S. Supreme Court upheld the so-called Trump travel ban. Presidential Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists...more

Littler

July Is the New January: From Salary History to Data Security Breaches, New State and Local Laws Are Set to Take Effect Soon

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Every year state laws and local ordinances take effect after the first of the year, and 2018 is no exception. As always, Littler’s Workplace Policy Institute (WPI) has been tracking these developments....more

Seyfarth Shaw LLP

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

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A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

Bradley Arant Boult Cummings LLP

If You Thought the Issues Involving the Hiring of Undocumented Workers Were Resolved -- Dream On

The status of individuals authorized to remain and work in the U.S. under the government’s Deferred Action for Childhood Arrivals (DACA) initiative remains uncertain. That uncertainty is felt by employers who hope to hire...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Manager's Alleged Fear of 'Voodoo Curses' Constituted Race Discrimination

The legal line between race and national origin discrimination claims continues to fade as federal courts take an increasingly expansive definition of the term “race.” Last month in an unpublished decision, the Fourth Circuit...more

Proskauer - California Employment Law

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more

Seyfarth Shaw LLP

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

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Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

Franczek P.C.

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

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Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Seyfarth Shaw LLP

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

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Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

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The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Jackson Lewis P.C.

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

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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

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

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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

Seyfarth Shaw LLP

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

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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

Dorsey & Whitney LLP

EEOC Updates Its National Origin Discrimination Guidance

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On November 18, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued Enforcement Guidance on National Origin Discrimination, replacing the 2002 Compliance Manual section on the same topic. The new guidance...more

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