News & Analysis as of

Race Discrimination Hiring & Firing

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

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

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

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

by Stinson Leonard Street on

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

by BakerHostetler on

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

Hospman Settles EEOC Race Discrimination Lawsuit

Hotel Management Company Fired Black Employees Because of Their Race, Federal Agency Charged - FORT MYERS, Fla. - Hospman LLC will pay $35,000 and furnish other relief to settle a race discrimination lawsuit filed by the...more

Recent OFCCP settlements remind contractors about importance of recordkeeping

Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process. Southern Glazer’s...more

EEOC Sues Marquez Brothers For Hispanic-Preference Hiring

Non-Hispanic Applicants Turned Away From Entry-Level Positions, Federal Agency Charges - FRESNO, Calif. - Marquez Brothers International, Inc. and its affiliates violated federal law when they failed to hire non-Hispanic...more

No Means No – Judge Limits The EEOC’s Claims In Bass Pro Case (Again)

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the high-profile EEOC race discrimination litigation against Bass Pro, the Court denied the EEOC’s motion for a ruling that would have allowed it to include in its § 706 claims those individuals who had...more

A wealth of recent unfair dismissal decisions

by Dentons on

Seasonal businesses can have a tough time if they try to sell ice cream in the UK in the winter or turkeys in the middle of summer. Conversely, when seasonal businesses are at peak time, employees and businesses are faced...more

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

by Zelle LLP on

Last week, the EEOC issued a publication on the rights of job applicants and employees with mental health conditions, along with a companion document addressing the mental health provider’s role in reasonable accommodations...more

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