News & Analysis as of

Race Discrimination Hiring & Firing Disparate Impact

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion...more

FordHarrison

EntertainHR: Olympian Tori Bowie’s Pregnancy-Related Death and the Pervasiveness of Implicit Bias

FordHarrison on

American track and field champion Tori Bowie recently died suddenly from complications related to childbirth. The three-time Olympian, who was once known as one of the fastest women in the world, hadn’t been seen for several...more

CDF Labor Law LLP

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

DirectEmployers Association

Unanimous Appellate Court Struck Down ALJ Decision Finding Baltimore Enterprise Rent-a-Car Guilty of Unlawful Race Discrimination:...

In an unforgiving decision, a unanimous Administrative Review Board of the USDOL reversed and remanded the entirety of the 2019 Recommended Decision and Order of USDOL Administrative Law Judge Morris Davis. In doing so, the...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Franczek P.C.

Ex Dolphin Coach’s Suit Against NFL Shows Risk of Flash over Substance in DEI Initiatives

Franczek P.C. on

Brian Flores’ recent class action race discrimination lawsuit against the National Football League and its teams provides a cautionary tale as to what can happen when an organization professes to value diversity, equity and...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more

BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

BCLP on

A growing chorus of cities, counties, and states have passed “ban-the-box” laws that restrict when and how employers can consider an applicant’s or employee’s criminal history. Currently, thirteen states (California,...more

Franczek P.C.

Issues to Consider Before Implementing a “Rooney Rule” to Increase Racial Diversity in Employment

Franczek P.C. on

With recent news of a new Goldman Sachs policy requiring managers to interview two diverse candidates for any open job, there is no question that the “Rooney Rule,” first adopted by the National Football League (NFL) in 2003,...more

Troutman Pepper

Championing Diversity Without Discriminating: An Employer's Dilemma

Troutman Pepper on

Most employers value a diverse workforce, and many employers are required by clients or customers to have diversity initiatives and meet diversity requirements. Originally published in The HR Specialist - June 2018....more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Seyfarth Shaw LLP

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Littler

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

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

BakerHostetler

Court Dismisses Disparate Impact Class Claims Due to Limited EEOC Charge

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

U.S. Equal Employment Opportunity Commission...

Lawler Foods to Pay over $1 Million to Settle EEOC Race and National Origin Discrimination Suit

Bakery Refused to Hire Applicants Based on Their Race/National Origin, Federal Agency Alleged - HOUSTON - A large local bakery will pay $1,042,000 as part of the settlement of a class race and national origin...more

Manatt, Phelps & Phillips, LLP

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Faegre Drinker Biddle & Reath LLP

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

Littler

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

McAfee & Taft

EEOC takes aim at Target for discriminatory pre-employment tests

McAfee & Taft on

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Proskauer - Law and the Workplace

Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

Franczek P.C.

Federal Appellate Court Throws Out EEOC Discrimination Complaint After Expert Accused of “Cherry-Picking” Data

Franczek P.C. on

Last week, the Federal Court of Appeals for the Fourth Circuit upheld a district court’s decision granting summary judgment to an employer accused by the Equal Employment Opportunity Commission (EEOC) of racial bias in its...more

BakerHostetler

Sixth Circuit Approves Fee Award Against the EEOC for Meritless Criminal Record Action

BakerHostetler on

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

K&L Gates LLP

EEOC Takes Aim at First Targets since Locking Down Employers’ Use of Arrest/Conviction Information

K&L Gates LLP on

On June 11, 2013, the Equal Employment Opportunity Commission filed its first two lawsuits asserting that an employer’s use of felony conviction records to disqualify employees and applicants runs afoul of Title VII because...more

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