News & Analysis as of

Race Discrimination Hiring & Firing

A Candidate Named Sue (or Maybe Regina)? Tread Carefully With the Litigious Job Applicant

When is it safe to take action against an employee (or a former employee) who filed an EEOC charge against you? As the 7th Circuit just found in Baines v. Walgreen Co., you can never –REPEAT, NEVER – take action because an...more

EEOC Sues Over – Get This – “Spanish-Only” Policy

You’ve heard of “English-only” policies, but here is a new one. The Equal Employment Opportunity Commission filed suit last week against a Houston-area company for allegedly requiring applicants to be of Hispanic national...more

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

by Blank Rome LLP on

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a...more

EEOC Sues MVM, Inc. for Racial Harassment, Religious Discrimination and Retaliation

Security Firm Forced Out Guard for Complaining About Racial Insults, Federal Agency Charges - BALTIMORE - MVM Inc., an Ashburn, Va.-based diversified security services firm, violated federal law when it stopped...more

Champion Fiberglass Sued by EEOC for Systemic Race and National Origin Discrimination

Federal Agency Charges Local Company Engaged in Practices That Unlawfully Discriminated Against Non-Hispanic Applicants - HOUSTON - Champion Fiberglass, Inc., a Houston-area manufacturing company, violated federal...more

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

by Littler on

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

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

by Zelle LLP on

Last week, the Eleventh U.S. Circuit Court of Appeals declined to rehear a Title VII sexual orientation discrimination case. The Court let stand a March 2017 ruling by a three-judge panel of the Eleventh Circuit that Title...more

EEOC Sued Diversified Maintenance Systems for Race Discrimination and Retaliation

Tampa-Based Janitorial Service Provider Rejected African-Americans for Jobs and Punished Black Employee for Opposing Discrimination, Federal Agency Charges - BALTIMORE - Janitorial Service Provider Diversified Maintenance...more

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

by Hinshaw & Culbertson LLP on

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District...more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

Rosebud Restaurants to Pay $1.9 Million to Settle EEOC Race Discrimination Suit

Federal Agency Alleged Italian Restaurant Group Refused to Hire African-American Applicants - CHICAGO -- Rosebud Restaurants, Inc. will pay $1.9 million and furnish other relief to settle a class race discrimination...more

Evidence That Similarly Situated Employees Included Those Of The Same Race Dooms Race Discrimination Claim

by Jackson Lewis P.C. on

A federal district court granted an employer’s summary judgment motion in light of evidence that employees allegedly not disciplined for similar infractions as the plaintiff included those of the same race and color as the...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

by Seyfarth Shaw LLP on

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

EEOC Pulls the Hood Off of Employer’s Attempt to Retaliate against Its Employee

Can an employer force an employee to agree that his complaints have been adequately addressed? On April 26, the EEOC announced that Downhole Technology LLC will pay a former employee $120,000 and provide other relief after it...more

Spell Out Interview Results

by Sherman & Howard L.L.C. on

An employer in Mississippi will face trial on a claim of race discrimination because it has not explained the interview scores two candidates received. In Calvin v. MS Dept. Rehab. Servs., Civil No. 3:15-CV-827-HTW-LRA (S.D....more

Applicant’s Claim That Racially Biased Safety Officer Cancelled His Split Specimen Drug Test Was Insufficient To Establish Race...

by Jackson Lewis P.C. on

An employer that refused to hire an applicant based on a positive pre-employment drug test was entitled to summary judgment on the applicant’s race discrimination and civil conspiracy claims despite the applicant’s argument...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Dueling Fifth Circuit Panel Deadlocks, No Rehearing For Bass Pro In “Big Fish” EEOC Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a Fifth Circuit decision affirming a ruling by a U.S. District Court in Texas allowed the EEOC to seek compensatory and punitive damages in its high-profile Title VII pattern or practice race...more

Employment Law Navigator – Week in Review: May 2017

by Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

Kansas City Cabinetmaker to Pay $60,000 to Settle EEOC Race Discrimination Suit - Profile Cabinet and Design Fired Black Workers...

Profile Cabinet and Design Fired Black Workers Because of Their Race, Federal Agency Said - ST. LOUIS - Profile Cabinet and Design, a Kansas City, Mo., custom cabinetmaker, will pay $60,000 and furnish other relief to...more

Peoria’s Green Chevrolet to Pay $65,000 to Settle EEOC Discrimination Suit

Black Employee with Disability Involuntarily Transferred and Fired for Opposing It, Federal Agency Charged - CHICAGO - A Peoria, Ill., Chevrolet dealership will pay $65,000 and furnish other relief to settle a disability...more

Employment Law Navigator – Week in Review: April 2017 #4

by Zelle LLP on

Last week, the EEOC announced that The American Dental Association has agreed to pay $1.95 million to settle retaliation claims. The Association’s former legal counsel and director of human resources alleged that they were...more

D.C. Court Certifies Three Classes In Race Discrimination Class Action Involving Criminal Background Policy

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a class action alleging that the criminal background policy of Washington D.C.’s local transit authority had a disparate impact on African-Americans, a federal district court recently certified three...more

4th Circuit Decision Highlights Importance of Comparator Evidence

by Miles & Stockbridge P.C. on

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

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

by Zelle LLP on

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

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