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

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

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

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

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

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

River View Coal to Pay $245,000 to Settle EEOC Race Discrimination Suit

Company Excluded a Class of African-American Applicants From Jobs, Federal Agency Charged - INDIANAPOLIS - River View Coal, LLC, will pay a total of $245,000 to a class of African-American applicants and furnish other...more

U-Haul to Pay $750,000 to Settle EEOC Racial Harassment & Retaliation Suit

Moving Supply Chain Subjected Black Employees to Racial Slurs and Fired Employees for Complaining, Federal Agency Charged - MEMPHIS - U-Haul has agreed to pay $750,000 to eight African-American current and former...more

EEOC Sues Rosebud Restaurants for Race Discrimination in Hiring Across Chicago Area

Italian Restaurant Chain Refused to Hire Blacks; Many Locations Had None at All; Managers Said to Use Racial Slurs - CHICAGO - The U.S. Equal Employment Opportunity Commission filed a lawsuit today alleging that ten...more

EEOC Sues Rizza Cadillac of Tinley Park, Citing Harassment of Arab and Muslim Sales Staff

CHICAGO - Rizza Cadillac, Inc. of Tinley Park, Ill., a suburb south of Chicago, violated federal law by encouraging a work environment which was hostile and offensive to Muslim and Arab sales staff, the U.S. Equal Employment...more

Franczek Radelet Attorneys Prepare NSBA Friend Of The Court Brief In U. S. Supreme Court Case

On August 30, 2013, the National School Boards Association filed an amicus brief prepared by Franczek Radelet attorneys in the U.S. Supreme Court. The “friend of the court” brief addresses the significant detrimental impacts...more

U.S. District Court Decision Against EEOC: Use of Criminal Background and Credit History Checks in Making Hiring Decisions

A U.S. District Court judge in Maryland has dismissed a lawsuit that accused a nationwide marketing company of using background checks to discriminate against minority and male job applicants after finding the Equal...more

Angry and Abusive Chefs on Celebrity Cooking Shows Are Normal, But It is a Different Story When the Abuse is Allegedly Race-Based

Paula Deen, a celebrity chef known for her extreme Southern cooking and excesses, has been embroiled in scandal for the last several months, bringing together an odd mix of legal and marketing issues, celebrity, and Southern...more

Dealership Update, No. 3, August 2013: "Do I Have To Hire A Criminal With Bad Credit?"

The answer to whether an employer may refuse to hire someone with a criminal record or bad credit is not as simple as you might think. Two recently-filed lawsuits by the EEOC alleging that employers’ criminal-conviction...more

Danny’s Cabaret to Pay $50,000 to Settle EEOC Race Discrimination and Retaliation Lawsuit

Lawsuit Claimed Discrimination and Retaliation Against Black Female Entertainers - JACKSON, Miss. - A Jackson, Miss., "gentlemen's club" which features "adult entertainment" will pay $50,000 and furnish other relief to...more

J.B. Hunt Agrees to Settle EEOC Race Discrimination Case Regarding Criminal Conviction Records

Transportation Company Agrees to Maintain Revised Policy Consistent With Recent EEOC Policy Guidelines; Some 14,000 Employees Affected Nationwide - LOS ANGELES - J.B. Hunt Transport, Inc., one of the largest...more

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