News & Analysis as of

Race Discrimination

Patterson Belknap Webb & Tyler LLP

Fearless Fund Settles: Settlement Will Shape Law on Race-Based Grantmaking in Eleventh Circuit While Leaving Issue Unresolved...

Over the last year, we have monitored a lawsuit in Georgia that alleged a hedge fund (“Fearless Fund”) violated 42 U.S.C. § 1981—the federal prohibition on racial discrimination in contracting—by operating a grant contest...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....more

Kohrman Jackson & Krantz LLP

Sixth Circuit Says Not So Fast on the Last Chance Agreement

In a recent decision involving the validity of a last chance agreement, the Sixth Circuit concluded that the embedded release of all claims against the employer was not knowingly and voluntarily entered into by the employee...more

Seyfarth Shaw LLP

EEOC Puts High Tech Employers on High Alert Regarding Discrimination

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Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Kohrman Jackson & Krantz LLP

Ohio CAMPUS Act 2024: New Policies for Addressing Ethnic and Racial Harassment in Higher Education

This summer, the Ohio House of Representatives passed the Campus Accountability and Modernization to Protect University Students (CAMPUS) Act. This law, if enacted, would require institutions of higher education throughout...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Workplace Harassment

Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory...more

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

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During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

Constangy, Brooks, Smith & Prophete, LLP

Five tactics to dispel negative stereotypes of DEI

Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more

U.S. Equal Employment Opportunity Commission...

Asphalt Paving Systems to Pay $1.25 Million in EEOC Race Discrimination Lawsuit

Settles Federal Suit Alleging Asphalt Paving Company Allowed Racial Harassment of Black Workers - TAMPA, Fla. – Asphalt Paving Systems, Inc. (APS), an asphalt paving company with offices in Florida, New Jersey,...more

U.S. Equal Employment Opportunity Commission...

J.A. Croson Pays $1.6 Million to Settle EEOC Racial Harassment and Retaliation Lawsuit

Plumbing Contractor Will Compensate Black and Hispanic Plumbers Subjected to Racially Hostile Work Environment and Retaliation - TAMPA, Fla. – J.A. Croson, a Sorrento, Florida-based plumbing and HVAC contractor, agreed to...more

GeoDataVision

Is Fair Lending Enforcement Fair Today? Part II

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Previously, I have written about regulatory enforcement of anti-redlining regulations. I pointed out the problems and potentially misleading statistical conclusions caused by the application of what is called a “REMA” or...more

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...more

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Troutman Pepper

FTC and Arizona AG Reach $2.6 Million Settlement with Motor Vehicle Dealer Over Alleged Deceptive and Discriminatory Sales and...

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Last week, the Federal Trade Commission (FTC) and the State of Arizona announced a joint action against Coulter Motor Company, an Arizona-based motor vehicle dealership, and its former general manager, for allegedly engaging...more

Fisher Phillips

School DEI Programs Feel the Impact as Courts Continue to Define Boundaries: 3 Key Takeaways from a Recent Ruling

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We’re starting to see courts define the boundaries of permissible DEI programs in the aftermath of last year’s SCOTUS decision limiting “race conscious” programs such as affirmative action in college admissions. For example,...more

U.S. Equal Employment Opportunity Commission...

ResourceOne to Pay $47,500 in EEOC Racial Harassment Lawsuit

Settles Federal Lawsuit Charging That Supervisor Called Employee ‘Ape’ and ‘Congo’ After Learning of African Heritage - TULSA, Okla. - Worldwide Printing and Distribution, Inc., doing business as ResourceOne, a Tulsa...more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Foley & Lardner LLP

California Supreme Court Affirms Single Comment Can Constitute Harassment and Addresses Standard for Retaliation

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In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more

GeoDataVision

Redlining Isn’t What it Used To Be

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In a recent podcast, Len and Dean discuss the June 10 article "Manufacturing Fair Lending" from National Mortgage Professional, which delves into the "Modern Theory of Redlining" introduced by bank regulators after AG...more

Bowditch & Dewey

District of Mass. Rules on Title VI Antisemitism Case

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On July 30, a Massachusetts federal judge ruled that the Massachusetts Institute of Technology (MIT) was not deliberately indifferent to antisemitism on its campus, and provided some guidance as to how courts may interpret...more

U.S. Equal Employment Opportunity Commission...

Radiant Services to Pay $1.1 Million in EEOC Hiring Discrimination Lawsuit

Commercial Laundry Settles Federal Suit Alleging It Discriminated Against Workers Based on Race, National Origin and Sex - LOS ANGELES, Calif. – Gardena-based laundry facility Radiant Services Corporation will pay $1.1...more

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

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

Ballard Spahr LLP

HUD Charges Appraiser, Appraisal Management Company, and Lender with Race Discrimination

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The Department of Housing and Urban Development (HUD) recently charged multiple entities with housing discrimination based on an asserted biased appraisal and denial of a mortgage refinance loan application based on the...more

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