Race Discrimination

News & Analysis as of

Justice Department Seeks to Intervene in Lawsuit Alleging Race Discrimination and Retaliation by Pocomoke City, Maryland, the...

WASHINGTON - The Justice Department announced today that it has moved to intervene in Savage et al. v. Pocomoke City et al., a private lawsuit alleging race discrimination and retaliation under Title VII of the Civil Rights...more

Grooming Policies in the Workplace: 11th Circuit Upholds Employer’s Dreadlock Ban

The Eleventh Circuit Court of Appeals recently ruled that an employer’s policy banning dreadlocks did not constitute racial discrimination under Title VII of the Civil Rights Act of 1964. In doing so, the court rejected the...more

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

Employment Law - October 2016

Employers Can’t Arbitrate Any Issues Related to PAGA Claim - Why it matters - The California Supreme Court’s decision in Iskanian v. CLS Transportation Los Angeles forecloses an employer’s ability to require a...more

EEOC Resuelve Caso de Robo de Salario Discriminatorio

Steamboat Springs restaurante que pagar $50,000 (50 mil dolares) por falta de pago de salarios adecuados a Los trabajadores latinos debido a su raza u origen nacional - DENVER - En Steamboat Springs, Colorado, el...more

EEOC Conciliates Discriminatory Wage Theft Case

Steamboat Springs Restaurant to Pay $50,000 for Failing to Pay Proper Wages to Latino Workers Because of Race or National Origin - DENVER - A Steamboat Springs, Colo., restaurant has agreed to pay $50,000 to resolve race...more

California’s Fair Pay Act Expanded to Include Race & Ethnicity

California’s Fair Pay Act, already the broadest in the nation, has now been expanded in two key aspects: First, the Governor approved SB 1063, so that the Fair Pay Act now protects against race-based disparities in pay. ...more

Termination for Refusal to Cut Dreadlocks Not Race Discrimination

In recent years, the Equal Employment Opportunity Commission has attempted to expand the definition of race under Title VII. The agency takes the position that race includes cultural characteristics and individual expressions...more

‘Garden Variety’ Emotional Distress Damages in Employment Matters to ‘Bloom’ in New Jersey

The specific facts presented to the jury will determine whether an award of “garden variety” emotional distress damages is reasonable, the New Jersey Supreme Court has held in an employment discrimination case brought under...more

DOJ Enters Into Consent Order with Bank Over Allegedly Discriminatory Vehicle-Secured Loans

On September 28, the U.S. Department of Justice (DOJ) announced that it had entered into a consent order with a bank to resolve allegations that the bank discriminated against Hispanic borrowers. The DOJ’s complaint, filed...more

Discrimination Class Certified Based On Union’s Job Referral Policies Despite Third-Parties’ Discretion In Hiring

Seyfarth Synopsis: African American pipefitters filed a class action against their labor union based on its allegedly discriminatory system for referring jobs to union members. Despite the fact that third-party employers...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

Employer Wins Dreadlocks Deadlock: Three Things To Know About Latest Court Decision

A federal appeals court recently ruled that a woman rejected from a job because she refused to cut her dreadlocks could not proceed with a race discrimination claim against the employer. The decision highlights the...more

Employer’s No Dreadlock Policy Did Not Violate Title VII, Says Eleventh Circuit

An employer’s decision to rescind an African American applicant’s job offer after she refused to comply with a race-neutral grooming policy that prohibited her from wearing her hair in dreadlocks did not constitute race...more

NASCAR’s racing to defend race discrimination lawsuit—is your company ready?

Earlier this week, news broke that NASCAR is being sued for alleged racial discrimination. NASCAR insists the case has no merit, but only time will tell the outcome. When the rubber meets the road, will your business be ready...more

Eleventh Circuit: Refusal to Hire Black Applicant with Dreadlocks Did Not Violate Title VII

Last week, the Eleventh Circuit affirmed a decision dismissing a case filed by the EEOC on behalf of a black applicant whose employment offer was rescinded pursuant to the company’s grooming policy when she refused to cut off...more

New Jersey Court Ruling Raises Price Of Employment Discrimination

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...more

NLRB Benchslap: Enabling Racism/Sexism

One highly-respected federal appeals court judge recently called the NLRB out for its history of condoning strike behavior that is racist and sexist. In Consolidated Communications, Inc. v. NLRB, No. 14-1135 (D.C. Cir....more

Hairstyle Is Not a Protected Category but Sexual Orientation Likely Is

Several recent decisions have opened the door to further scrutiny regarding discrimination and the basis for a finding of discriminatory conduct by an employer. These decisions continue to show the volatility of...more

Contractor Settles With OFCCP For More Than $250K

As a result of a compliance review that began in 2013, the Office of Federal Contract Compliance Programs alleged that a federal contractor in the District of Columbia discriminated against African-American applicants who...more

Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics

Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Employment Law Navigator – Week in Review: September 2016 #3

Last week, the legal battle between federal authorities and North Carolina over transgender bathroom access took a turn. North Carolina’s governor quietly withdrew the state’s suit against the federal government, instead...more

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

California Legislative Update: It's Now Up To The Governor

The California Legislature completed its substantive legislative work for the year in the very early morning hours of Thursday, September 1, 2016, with the usual frenetic, last-minute flurry of bill-passing, including some...more

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