Race Discrimination Retaliation

News & Analysis as of

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

Jackson Gentlemen’s Club Agrees to Extend Settlement Agreement in EEOC Race Discrimination Suit

Danny's Downtown Failed to Abide by Terms of Litigation Settlement, Federal Agency Charged - JACKSON, Miss. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has settled a contempt action...more

Annual Report on EEOC Developments – Fiscal Year 2016

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

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

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

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

Labor and Employment Group News: Job Transfer Not Retaliation

On December 30, 2016, a Hearing Officer with the Massachusetts Commission Against Discrimination (MCAD) dismissed the Complainant’s retaliation case, finding that the Complainant had failed to establish a causal connection...more

District Court Compels Arbitration

In a recent decision, the United States District Court for the Northern District of New York clarified the standard it utilizes for motions seeking to compel arbitration, holding that a standard similar to that applicable to...more

Conscientious Objectors to Arbitration Policy Can Bring Their Cases in Court

Seyfarth Synopsis: Last week, the Third Circuit held that two employees could sue their employer in court despite a dispute resolution policy requiring binding arbitration, because those same employees had objected to the...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

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

New Jersey Court Ruling Raises Price Of Employment Discrimination

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

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

Last week, the legal battle between federal authorities and North Carolina over transgender bathroom access took a turn. North Carolina’s governor quietly withdrew the state’s suit against the federal government, instead...more

Resource Employment Solutions Pays $435,000 to Settle EEOC Race Discrimination Suit

Company Illegally Granted Placement Preferences to Hispanic Temps over Black Temps, Federal Agency Charged - MEMPHIS, Tenn.-Resource Employment Solutions, LLC (Resource), a temporary staffing agency headquartered in...more

EEOC Sues Frontier Hot-Dip Galvanizing for Race and National Origin Harassment, and Retaliation

Employer Permitted Racist Slurs and Graffiti, Then Fired Employees Who Complained - BUFFALO, N.Y. - A Buffalo provider of metal coating violated federal law when it permitted race-based harassment of black employees by...more

California Supreme Court Holds That Arbitrator, Not Court, May Determine If Arbitration Agreement Permits Class Arbitration

The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more

Employment Law Navigator – Week in Review: August 2016

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability

Seyfarth Synopsis: The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of “who decides” whether class arbitration is available—courts...more

Court rules unauthorized absence justifies firing

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

Nabors Industries and C&J Energy Services Sued By EEOC for Racial Harassment and Retaliation

Oilfield Services Company Subjected Black Employees to Slurs and Mistreatment and Then Fired Employees for Reporting the Discrimination, Federal Agency Charged - SAN ANTONIO, Texas - Bermuda-based oilfield services...more

GAO report shows continuing CFPB employee concerns related to fair treatment

A report last month issued by the Government Accountability Office (GAO) found that a survey of nonexecutive CFPB employees revealed “heightened concerns related to fair treatment, trust that employees can raise concerns...more

EEOC Sues Desco Industries, Inc. for Retaliation

Sanford Manufacturer Terminated Employee After He Complained of Race Discrimination, Federal Agency Charged - RALEIGH, N.C. - Desco Industries, Inc., a California-based manufacturer with a facility in Sanford, North...more

DHD Ventures Management Company, Inc. To Pay $40,000 to Settle EEOC Racial Harassment and Retaliation Lawsuit

New York-Based Real Estate Management Company Fired Employees In Retaliation For Complaining About Racial Harassment, Federal Agency Charges - GREENVILLE, S.C. - DHD Ventures Management Company, Inc., a New York-based...more

Regis Corporation / Smart Style Family Hair Salon to Pay $90,000 to Settle EEOC Retaliation Lawsuit

Hair Salon Fired Employees for Complaining About Race Discrimination, Federal Agency Charges - WILMINGTON, N.C. - Regis Corporation, doing business as Smart Style Family Hair Salon, a Minnesota-based company that...more

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

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