Race Discrimination

News & Analysis as of

Will Attorney General Sessions continue to pursue redlining cases?

On Monday, we blogged about the highlights of the panel I moderated, “The CFPB Speaks,” that was part of the Practicing Law Institute’s 22nd annual Consumer Financial Services Institute in Manhattan. The next panel, “Federal...more

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an...more

4th Circuit Decision Highlights Importance of Comparator Evidence

The Fourth Circuit recently upheld a lower court decision granting summary judgment to the employer in an employment discrimination suit brought under Title VII of the Civil Rights Act of 1964 (“Title VII”) and Maryland law,...more

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in...more

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

Last week, Quartz reported on a new academic study about gender-based differential treatment in the finance industry. According to the study, women working as financial advisors are 50% more likely than men to lose their...more

Fourth Circuit Affirms Summary Judgment Based on Lack of Comparator Evidence

On March 7, 2017, the Fourth Circuit Court of Appeals, which includes North and South Carolina, upheld a trial court’s order granting summary judgment to the District of Columbia in a race discrimination lawsuit brought by a...more

Employment Law Navigator – Week in Review: March 2017 #2

Last week, Magnolia Health, a California company that operates health care and assisted living facilities, agreed to pay $325,000 and furnish other relief to settle a disability discrimination class action lawsuit. In the...more

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

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

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Employment Law Navigator – Week in Review: March 2017

Last week, sexual harassment and sex discrimination received significant media attention. The Washington Post revealed statements made by 250 current and former employees of Sterling Jewelers, parent company to Kay Jewelers...more

Supreme Court Update: Bethune-Hill V. Va. State Board Of Elections (15-680)

Greetings, Court Fans! We're back with the lone decision from this week, Bethune-Hill v. Va. State Board of Elections (No. 15-680), one of two racial gerrymandering cases argued on the same day back in December....more

Employment News - March 2017 #1

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

Jackson Gentlemen’s Club Agrees to Extend Settlement Agreement in EEOC Race Discrimination Suit

Danny's Downtown Failed to Abide by Terms of Litigation Settlement, Federal Agency Charged - JACKSON, Miss. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has settled a contempt action...more

Supreme Court Decides Bethune-Hill v. Virginia State Board of Elections

On March 1, 2017, the United States Supreme Court decided Bethune-Hill v. Virginia State Board of Elections, No. 15-680, holding that parties may show race was a predominate factor in redistricting either through...more

Supreme Court Update: Life Technologies Corp. V. Promega Corp. (14-1538), Fry V. Napoleon Community Schools (15-497), Buck V....

Greetings, Court Fans! Last time we hit your inboxes, Barack Obama was President. To call the ensuing month eventful is something of an understatement. We've seen a primetime Supreme Court nomination, a flood of...more

The Great Divide

With reporting obligations due to come into effect from 6 April 2017, the gender pay gap debate has taken centre stage over the past year. With the UK gender pay gap still sitting at over 18 per cent, it is unsurprising that...more

Annual Report on EEOC Developments – Fiscal Year 2016

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

EEOC Sues Fracking Company for Race-Based Harassment and Retaliation

Downhole Technology Fired a Black Employee for Complaining About Racial Intimidation With a KKK Hood, Federal Agency Charges - HOUSTON - A manufacturer of equipment used in hydraulic fracturing ("fracking") violated...more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge

Disparate impact cases are different in kind from the far more common disparate treatment claims that are the staple of single-plaintiff discrimination cases. Disparate treatment claims, of course, are ones in which an...more

French Legal and Regulatory Update - January 2017

The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for January 2017. 1. Audovisual...more

California Again Updates Equal Pay Act

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

Public Policy of Deciding Cases on the Merits Weighs in Favor of Granting Continuance Requests Based on Good Cause

In Hamilton v. Orange Cnty. Sheriff’s Dep’t, 2017 No. G051773, the California Court of Appeal, Second District, reversed the trial court’s denial of the parties’ stipulation to continue a hearing on a motion for summary...more

EEOC To Reconsider Pay Data Collection

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

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

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