Race Discrimination

News & Analysis as of

Court Issues Mixed Bag Discovery Decision In EEOC Nationwide Race Discrimination Case

In EEOC v. DolGenCorp, LLC d/b/a Dollar General, No. 13-CV-4307 (N.D. Ill.), a case we blogged about previously here, Judge Andrea Wood of the U.S. District Court for the Northern District of Illinois recently decided several...more

Constitutionality of 8(a) Program Reaffirmed

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

Third Circuit Rules that Temporary Worker Assigned by Staffing Agency Can Bring Race Discrimination Claim Against Company Where He...

The Third Circuit’s decision should cause companies to review their relationships with temporary workers, assess the risk of their being viewed as joint employers and, if appropriate, restructure the relationships to minimize...more

Common-Law Employee, But No Contract

In Faush v. Tuesday Morning, Inc., No. 14-1452 (3d Cir. November 18, 2015), the court addressed race discrimination claims brought by a former temporary worker against the company he was assigned to assist. The plaintiff...more

Firefighter’s Twelve Year Court Battle Over Racial Discrimination Ends in Reversal of His Million Dollar Judgment

In Jabari Jumaane v. City of Los Angeles (Ct. of Appeal B255763), published November 10, 2015, the Court of Appeal for the Second Appellate District ended 12 years of see-saw litigation, ruling that the racial discrimination...more

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

Redlining and the joint action by the Consumer Financial Protection Bureau and the Department of Justice against Hudson City...

In this post, we’re going to examine the subject of redlining in the context of residential mortgage loans. We’re then going to turn our attention to the recent joint action by the Consumer Financial Protection Bureau...more

NC Court Case Demonstrates Potential of "Individual" Liability For Discrimination

In discussing the topic of employment discrimination in the workplace, much attention is generally focused on the claims that may be brought against employers and what employers can do to avoid those claims through good...more

The Connecticut Supreme Court, the U.S. Supreme Court and Pope Francis all address the death penalty

Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven...more

Employee Does Not Have to Seek Raise to Maintain Pay Discrimination Action

Title VII and related federal anti-discrimination laws prohibit employers from discriminating against persons based on their membership in a protected category. These discrimination prohibitions include pay disparities. What...more

The benefits of an appeal or review committee

Retaliation claims are some of the most common employment-based claims that employers face. In 2014, the number of retaliation claims filed with the Equal Employment Opportunity Commission reached a record high – 37,955...more

New York City Defends its Community Preference Policy

Introduction - On October 2, 2015, the City of New York moved to dismiss a lawsuit accusing the City of unlawfully perpetuating racial segregation in the housing industry. See Janell Winfield, et al. v. City of New...more

Harassing Comments Are No Joke: Employer Ordered to Pay Employee $7,500

Mohamud v. Canadian Dewatering (2006) Ltd., 2015 AHRC 16, is a recent decision of the Alberta Human Rights Commission. This decision demonstrates the type of workplace harassment that creates a poisoned workplace and is a...more

SCOTUS to Decide Filing Period for Constructive Discharge Claims

In its October 2015 term, the Supreme Court of the United States will settle a circuit split on the filing period for a constructive discharge claim. On April 27, 2015, the Supreme Court granted a petition for review of Green...more

The Lessons of EEOC v. Freeman – “Know when to hold ’em. Know when to fold ’em.”

I was going to skip past this opinion from the District of Maryland until I realized that it started with a reference to a classic country song and, therefore, it immediately moved up my list and became worthy of a closer...more

Causation In Federal Remedial Rights And Alternative Pleading

Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...more

CFPB and DOJ Announce Redlining Settlement

Consistent with recent indications from CFPB and Department of Justice officials that more redlining cases would soon be coming, the CFPB and DOJ have announced a proposed consent order with Hudson City Savings Bank to settle...more

Recent EEOC Settlements A Reminder That Employers Face Substantial Liability If Pre-Employment Exams Are Not Job-Related

The U.S. Equal Employment Opportunity Commission (EEOC) has been very aggressive in challenging pre-employment exams. Employers utilize an array of pre-employment exams to assess an employee/applicant’s physical fitness,...more

Cat’s Paw, Part II: “Termination Review” by Independent Decision Makers Can Break the Causal Chain

Last week, we wrote about the “Cat’s Paw” theory of liability —where a person is used unwittingly to accomplish another person’s discriminatory purpose in the workplace. A common example would be when a racist employee...more

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

Employee's Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In...more

A Final Look at CHRO Case Statistics – Part 3

So, in my prior two posts about the new case statistical reports from the Connecticut Commission on Human Rights and Opportunities, I’ve looked at the case statistics to see that harassment and terms & conditions claims are...more

Hudson City Savings Bank Reaches Largest Mortgage Redlining Settlement in DOJ History

The CFPB, DOJ, and Hudson City Savings Bank, F.S.B. (“Hudson City”) recently entered into the largest residential mortgage redlining settlement in DOJ history. On September 24, 2015, the parties filed a Joint Motion for Entry...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

Director Corday testifies before House Committee on Financial Services

On Wednesday, September 29, CFPB Director Richard Cordray appeared before the House Committee on Financial Services to answer questions regarding the Bureau’s activities since March. Director Cordray used his introductory...more

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