Race Discrimination

News & Analysis as of

EEOC Roundup: June 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

Federal Contractor Settles Second Charge of Race Discrimination with OFCCP

A federal contractor agreed to settle charges by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) that it discriminated in its hiring practices by creating multiple barriers in its paper...more

Employment Law Believe It Or Not!

I thought only elephants had two-year pregnancies. As I’ve discussed here before, “pregnancy” for purposes of the federal Pregnancy Discrimination Act includes a lot of things besides the actual nine months of physical...more

EEOC Sues Bliss Cabaret for Race Discrimination and Retaliation

Clearwater Adult Club Fired Manager for Opposing Owner's Racially Discriminatory Practice, Federal Agency Charges - TAMPA, Fla - A Clearwater, Fla., adult entertainment club violated federal law by racially...more

Tampa Bay Federal, Local Government Agencies to Observe 50th Anniversary of 1964 Civil Rights Act

Landmark Legislation Still Holds Significance for Millions of Americans - TAMPA, Fla. - Several government agencies will join forces on July 2 to commemorate the 50th anniversary of President Lyndon B. Johnson's...more

The CFPB Eyes Supervisory Regulation Over Large Auto-Lenders

Large auto-lenders may soon have to contend with a new regulator. In its most recent semi-annual report, the Consumer Financial Protection Bureau (“CFPB”) highlighted its intent to promulgate a new rule which would subject...more

Miami Hits JPMorgan with Lawsuit over Discriminatory Lending Practices

The city of Miami recently sued JPMorgan Chase & Co. in Florida federal court alleging that JPMorgan violated the Federal Fair Housing Act (“FHA”) by engaging in a “continuing pattern” of discriminatory mortgage lending...more

Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination...

Additional Relief in the Form of Job Offers and Other Benefits Will Be Offered to Vulnerable Thai Laborers, Says Federal Agency - LOS ANGELES - Three years after filing suit against farm labor contractor Global...more

Fourth Circuit Says Co-Worker's Use of Racially Derogative Terms Did Not Create Hostile Work Environment

Not every offensive act in the workplace constitutes actionable harassment under Title VII. In order to rise to the level of a hostile and offensive working environment, the conduct must be sufficiently severe and pervasive...more

Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held...more

CFPB Employee Review Disparities Go Beyond Race

The American Banker reported this week that the CFPB released an internal report that shows the disparities in employee evaluations on which we previously reported go beyond race. The report showed “statistically significant...more

EEOC Sues Louisville Hospital for Race Discrimination

Jewish Hospital Fired Black Employee Because of Race, Federal Agency Charges - LOUISVILLE, Ky. -- Jewish Hospital and St. Mary's Healthcare, Inc., a Louisville hospital, unlawfully fired an employee because he is...more

U.S. Department of Education Reaffirms the Importance of Diversity Efforts Post- Schuette

In April, the Supreme Court issued its decision in Schuette v. Coalition to Defend Affirmative Action , upholding Michigan’s State Constitutional Amendment prohibiting, among other things, any preferential treatment on the...more

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend...more

Michigan Affirmative Action Ban Upheld By U.S. Supreme Court

Michigan’s affirmative action ban, a Constitutional amendment enacted through referendum during the 2006 election cycle, was upheld by the U.S. Supreme Court on Tuesday. The decision means that public entities, including...more

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

Fourth Circuit Holds Minority-Owned Corporation Can Bring Race Discrimination Suit

The United States Court of Appeals for the Fourth Circuit recently decided in a case of first impression, that a minority-owned corporation had standing to bring a Title VI race discrimination suit because it established an...more

UK Government Publishes Employment Tribunal Statistics

The statistics show a huge fall in the number of claims, which may be due to the introduction of tribunal fees....more

Sparks Restaurant to Pay $56,000 and Provide Injunctive Relief in EEOC Retaliation Lawsuit

Menomonie, Wis., Restaurant Retaliated Against Employee for Complaints About Racially Offensive Drawings, Judge Ruled Following Jury's Findings - MADISON, Wis. - A federal district court has ruled that Sparx Restaurant...more

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

EEOC Ordered To Pay Attorney’s Fees and Costs After Bogus Discrimination Case

The Sixth Circuit has ordered the Equal Employment Opportunity Commission (“EEOC”) to pay more than $750,000 in attorney’s fees and costs for pursuing a frivolous employment discrimination case....more

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

A divided Sixth Circuit panel affirmed the district court decision in EEOC v. Peoplemark, Inc., (Case No. 11-2582) assessing fees and costs against the Equal Employment Opportunity Commission (“EEOC”) totaling $751,942.48 for...more

Energy Company Settles OFCCP Racial Bias Allegations

On September 27, 2013, Baltimore Gas & Electric Company (“BGE”) announced that it entered into a conciliation agreement with the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) to settle claims...more

Supreme Court Update: University of Texas Southwestern Medical Center v. Nassar

The United States Supreme Court recently raised the bar for plaintiffs attempting to bring Title VII retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, 133 S.Ct. 2517 (2013), the Court...more

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