Race Discrimination Hostile Environment

News & Analysis as of

NC Court Case Demonstrates Potential of "Individual" Liability For Discrimination

In discussing the topic of employment discrimination in the workplace, much attention is generally focused on the claims that may be brought against employers and what employers can do to avoid those claims through good...more

EEOC Sues Glaser Organic Farms for Discrimination Based on National Origin and Color

Guatemalan, Mexican Kitchen Employees Subjected to Hostile Work Environment and Retaliation, Federal Agency Charges - MIAMI - Stanley Glaser, dba Glaser Organic Farms in Southwest Miami-Dade County, subjected its kitchen...more

Second Circuit Refines Title VII Pleading Standard

The Second Circuit Court of Appeals recently remanded a former employee’s racial discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. In Littlejohn v. City of New York, No. 14-1395 (August 3, 2015),...more

Second Circuit Clarifies Pleading Standard for Title VII Claims

A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York,...more

Confederate Flag License Plate Does Not Create a Hostile Work Environment Based on Race

The recent tragic shooting in Charleston reignited debate nationwide regarding the appropriateness of public displays of the Confederate battle flag. Earlier this year, the Tenth Circuit Court of Appeals determined that a...more

Hillshire Brands Company Sued by EEOC For Racial Harassment at Sara Lee Plant

Federal Agency Charges Racist Comments and Graffiti in the Worksite - DALLAS - Hillshire Brands Company (formerly known as the Sara Lee Corporation) violated federal law by subjecting a class of African-American...more

Employers Can be Liable For Acts of Anonymous Harassers

A recent federal court case emphasized an important lesson for all companies to consider: employers are under an obligation to investigate employee complaints of a hostile work environment even if the identity of the harasser...more

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

Can Employee Display a Confederate Flag on Facebook as Free Speech? Or Can Employer Take Action?

There’s been lots of talk lately about the Confederate flag and its symbolism in the aftermath of the Charleston shootings. But I wondered: How has this flag come up in the context of employment discrimination cases?...more

Fourth Circuit Lowers Bar for Employees in Title VII Retaliation Claims

The case involved an African American cocktail waitress who claimed she was called a “porch monkey” by another employee twice within a 24 hour period. Shortly after reporting the incidents, her employment was terminated. She...more

Fourth Circuit Ruling Makes Retaliation Claims Harder to Dismiss

Reya C. Boyer-Liberto, a cocktail waitress, recently filed a lawsuit against the Maryland hotel she worked at, claiming she was fired after complaining about people using racial slurs against her. The defendant, the...more

Single Incident of Severe Verbal Harassment Can Be Sufficient to Establish a Hostile Working Environment

In Boyer-Liberto v. Fontainebleau Corp., 2015 WL 2116849 (4th Cir. May 7, 2015), the Fourth Circuit recently held that an isolated, but "extremely serious" incident of verbal harassment can establish a hostile work...more

Single Plant Employment Discrimination Class Survives Dukes Challenge

A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in decertifying disparate treatment and disparate impact claims challenging promotion...more

Fourth Circuit Orders Class Certification for African-American Steelworkers—Again

For the second time, the Fourth Circuit has determined that African-American employees at a South Carolina steel plant are entitled to Rule 23 class certification. In Brown v. Nucor Corporation and Nucor Steel-Berkeley,...more

H2H Enterprises / Huddle House #670 to Pay $15,000 to Settle EEOC Racial Harassment Lawsuit

Restaurant Managers Created a Racially Hostile Work Environment For Black Employee, Federal Agency Charged - PINE BLUFF, Ark. - H2H Enterprises, Inc., d/b/a/ Huddle House #670 in Pine Bluff, Ark., will pay $15,000 to...more

Fourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet

Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more

Fourth Circuit Reverses Position on Single Racial Slur as Sufficient to Create Hostile Work Environment

For years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) set a high bar for plaintiffs suing for workplace harassment. The court rejected multiple claims involving obnoxious and crude...more

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

2014's Hottest Employment Rulings Affecting Southeastern Employers

2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

EEOC Sues DHD Ventures and Affiliated Companies for Racial Harassment and Retaliation

Real Estate Management Company Fired Employees After Complaining About Harassment, Federal Agency Charges - GREENVILLE, S.C. - DHD Ventures Management Company, Inc., a New York-based real estate management company,...more

Huddle House Sued by EEOC for Racial Harassment

Managers of Pine Bluff Restaurant Subjected Black Employee to Racially Hostile Work Environment, Federal Agency Charges - PINE BLUFF, Ark. - H2H Enterprises, Inc., dba Huddle House, violated federal law by subjecting a...more

EEOC Sues Mel-K Management Company for Race- and Sex-Based Harassment and Retaliation

Manager Hurled Racial and Sex-Based Epithets at Workers, Fired a Harassment Victim for Complaining, Federal Agency Charges - CLEVELAND - Mel-K Management Company violated federal law by subjecting a class of employees...more

EEOC Sues Carolina Metal Finishing for Racial Harassment

Bishopville Plant Subjected African-American Employee to Racial Abuse and Fired Him for Complaining, Federal Agency Charges - COLUMBIA, S.C. - Carolina Metal Finishing, LLC, a Bishopville, S.C.-based metal finishing...more

Another Approaching Benchslap for EEOC?

In a positively delightful “man bites dog” story, a former EEOC investigator just filed suit against the EEOC alleging race discrimination, racially hostile work environment, and retaliation in violation of Title VII and the...more

Court Throws Out "Me Too" Harassment Claims

One might think displays of Confederate flags and nooses, racial slurs and evidence of malicious graffiti and epithets is enough to establish a racially hostile work environment. However, a recent ruling by the U.S. Court of...more

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