Race Discrimination Hiring & Firing

News & Analysis as of

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affirmed a decision dismissing a case filed by the EEOC on behalf of a black applicant whose employment offer was rescinded pursuant to the company’s grooming policy when she refused to cut off...more

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Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more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

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

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

SFI of Tennessee to Pay $210,000 To Settle EEOC Race Discrimination Lawsuit

Steel Fabricator Fired Three Black Employees Because of Their Race, Federal Agency Charged - MEMPHIS, Tenn. - SFI of Tennessee, LLC, a fabricator and supplier of heavy-gauge steel and value-added products, has agreed to...more

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19496 - Commission on Human Rights & Opportunities v. Echo Hose Ambulance - The issue of this case was whether or not an unpaid volunteer, in this case for an ambulance...more

Financial Regulators Issue FAQ Guide on Diversity Self-Assessments

Regulated entities should be aware that on August 2, 2016, the Federal Reserve, Office of the Comptroller of the Currency, and the Federal Deposit Insurance Corporation published a "Frequently Asked Questions" (FAQ)...more

Quirky Question #287: “Cat’s Paw” Claims – How could an employer violate antidiscrimination laws, even though the decision-making...

Question: We just went through a five-person layoff, and one of the individuals laid off (an African American) has hired a lawyer and is threatening to sue for racial discrimination. I have enormous confidence in the fairness...more

Court rules unauthorized absence justifies firing

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

JSH Attorneys Conquer Employment Discrimination Case Against A Local County

Jones, Skelton & Hochuli attorneys Michele Molinario, Justin Ackerman, and Amelia Esber prevailed by summary judgment in an employment discrimination case against a local County, and various County employees. The case...more

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

The combined topics of Facebook and race were in the news last week. A Pennsylvania judge ruled that an employee’s personal Facebook page laced with race-based stereotypes could be used to impeach her in her lawsuit, which...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a...more

Norfolk Southern Unit Agrees To Pay OFCCP $492K For Alleged Race Bias In Hiring

Do you need a reason to monitor your hiring and keep good records? Here’s one. Alleging race discrimination in the hiring process, the Office of Federal Contract Compliance Programs has settled with a unit of Norfolk...more

EEOC Sues Desco Industries, Inc. for Retaliation

Sanford Manufacturer Terminated Employee After He Complained of Race Discrimination, Federal Agency Charged - RALEIGH, N.C. - Desco Industries, Inc., a California-based manufacturer with a facility in Sanford, North...more

Employment Status and Mutuality of Obligations

In Secretary of State for Justice v Windle and Arada [2016] EWCA Civ 459, the Court of Appeal considered whether the absence of mutuality of obligation between assignments was relevant in determining an individual’s...more

Tenth Circuit rules in favor of airline in discrimination case when employee’s mistake leads to his termination

The Tenth Circuit Court of Appeals recently ruled for Delta Airlines in an appeal by a former employee who claimed he was terminated because of racial and national origin discrimination....more

Newark Port Automobile Processing Facility to Pay $350,000 to Settle EEOC Race Discrimination Suit

FAPS Refused to Recruit and Hire African-Americans, Federal Agency Charged - NEWARK, N.J. -- FAPS, Inc., one of the country's largest automotive re-delivery service firms, operating in the port area of Newark, will pay...more

South Carolina Nursing Home to Pay $40,000 to Settle EEOC Race Discrimination Lawsuit

Company Fired African-American Manager Because of Her Race, Federal Agency Charged - ATLANTA - Bloom at Belfair, a nursing home located in Bluffton, S.C., will pay $40,000 and furnish other relief to settle a race...more

Regis Corporation / Smart Style Family Hair Salon to Pay $90,000 to Settle EEOC Retaliation Lawsuit

Hair Salon Fired Employees for Complaining About Race Discrimination, Federal Agency Charges - WILMINGTON, N.C. - Regis Corporation, doing business as Smart Style Family Hair Salon, a Minnesota-based company that...more

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