News & Analysis as of

Race Discrimination Hostile Environment

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

Third Circuit Reminds Employers That an Isolated Act of Harassment Can Land Them in Hot Water

by Saul Ewing LLP on

In a decision issued July 14, 2017, the Third Circuit clarified that to prevail on workplace harassment claims, plaintiffs must show that the conduct was “severe or pervasive”—not “severe and pervasive” or “pervasive and...more

Third Circuit: Isolated Act of Discrimination Can Create Hostile Work Environment

As employment lawyers, we frequently encounter misconceptions about what qualifies as a “hostile work environment.” It has nothing to do with whether a supervisor or co-worker is simply picking on or being mean to an employee...more

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid...more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

The “Knife’s Edge”: Second Circuit Dulls the Standard of Proof Needed for a Hostile Work Environment

by Kelley Drye & Warren LLP on

The Second Circuit recently reversed a district court’s dismissal of a hostile work environment claim brought by a Muslim plaintiff. In-house counsel and human resources executives should take heed of this decision, which...more

Labor and Employment Group News: A Single Racist Comment Can Create a Hostile Work Environment

by Murtha Cullina on

On April 25th, the United States Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single incident can suffice to state a claim for a discriminatory hostile work...more

One Racial Slur Constitutes Harassment?

by Ruder Ware on

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment. The particular question addressed in this court decision was...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

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

FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

by Rumberger Kirk & Caldwell on

In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment

by Jackson Lewis P.C. on

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in...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

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

by Low, Ball & Lynch on

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

EEOC Sues Hiatt & Mason Enterprises For Racial Harassment

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charges - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, violated federal law when it subjected...more

Co-worker’s racial statements may support discrimination claim

by McAfee & Taft on

As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company....more

EEOC Sues JL Schwieters Construction For Severe Race Harassment

Supervisor Threatened Black Workers With Gun and Noose, Federal Agency Charged - MINNEAPOLIS - A Hugo, Minn., construction company violated federal civil rights law by subjecting African-American employees to a hostile...more

Justice Department Seeks to Intervene in Lawsuit Alleging Race Discrimination and Retaliation by Pocomoke City, Maryland, the...

WASHINGTON - The Justice Department announced today that it has moved to intervene in Savage et al. v. Pocomoke City et al., a private lawsuit alleging race discrimination and retaliation under Title VII of the Civil Rights...more

EEOC Resuelve Caso de Robo de Salario Discriminatorio

Steamboat Springs restaurante que pagar $50,000 (50 mil dolares) por falta de pago de salarios adecuados a Los trabajadores latinos debido a su raza u origen nacional - DENVER - En Steamboat Springs, Colorado, el...more

EEOC Conciliates Discriminatory Wage Theft Case

Steamboat Springs Restaurant to Pay $50,000 for Failing to Pay Proper Wages to Latino Workers Because of Race or National Origin - DENVER - A Steamboat Springs, Colo., restaurant has agreed to pay $50,000 to resolve race...more

New Jersey Court Ruling Raises Price Of Employment Discrimination

by Fisher Phillips on

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...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

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

by Littler on

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

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

by Holland & Knight LLP on

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

Court rules unauthorized absence justifies firing

by McAfee & Taft on

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

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