Race

News & Analysis as of

The EEO-1 Report Filing Date is Right Around the Corner – Are You Ready? - July 2015

It is a sometimes little-known fact in HR circles that any employer (aside from state and local governments, schools, Indian tribes and tax-exempt private membership clubs) which has at least 100 employees or which has at...more

Alien Tort Case Development: Second Circuit Affirms Dismissal of Claims Against Ford and IBM

Earlier this week, the Second Circuit Court of Appeals affirmed a decision in In re: South African Apartheid Litigation dismissing claims brought pursuant to the Alien Tort Statute (“ATS”) against Ford and IBM. Plaintiffs had...more

Supreme Court’s Alabama Ruling Sets The Stage For Arizona’s Next Redistricting Battle

The U.S. Supreme Court last week reversed a federal three-judge panel in Alabama that upheld the state’s legislative district map against a racial gerrymandering challenge. Alabama Legislative Black Caucus v. Alabama...more

Don’t Let Your Office Halloween Party “Unmask” Racial Insensitivity

Employers may view Halloween celebrations at work as a no-brainer: Annual October office parties are often great boosts to employee morale, encouraging community, healthy competition, and team-building as participants eat,...more

Fifth Circuit Upholds the Use of Race in Admissions at the University of Texas

For a second time, the Fifth Circuit dismissed Abigail Fisher’s claim against the University of Texas at Austin (the “University”), holding that the University’s admissions policy, including the use of race as a factor,...more

Race-Based Admissions and Assignment Policies Survive Another Legal Challenge in Fisher v. University of Texas

Last year, I blogged about the impact of a higher education Supreme Court diversity case, Fisher v. University of Texas on K-12 schools. As discussed in that blog, although the decision was a higher education decision, it...more

Fifth Circuit Issues Important Ruling on Affirmative Action in Higher Education

Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at...more

Why Does BigLaw Have So Few Black Partners?  [Video]

June 3, 2014 (Mimesis Law) -- Aric Press, editor-in-chief at ALM, talks with Lee Pacchia about a recent survey released by The American Lawyer that shows large law firms struggling to recruit black lawyers and promote them to...more

Supreme Court Hears Second Affirmative Action Case This Year

On October 15, only four months after the United States Supreme Court heard arguments regarding an affirmative action program for the University of Texas, the Supreme Court heard oral argument in Schuette v. Coalition to...more

Incidents of Race-Based Bullying Highlight Need for Prompt and Effective Responses by Educational Institutions

Educational institutions are advised to audit their procedures for investigating and responding to race-based conduct in light of recent news reports about incidents of bullying, hazing, and racial harassment. Today,...more

Government Offers Additional Guidance On The Use Of Race In Admissions

Last Friday, the U.S. Department of Education and U.S. Department of Justice issued a joint “Dear Colleague Letter” addressing the impact of Fisher v. University of Texas, the recent Supreme Court decision involving the use...more

The U.S. Department of Justice and Department of Education Release New Information About Using Race in Higher Education

On September 27, 2013, the U.S. Department of Justice and Department of Education released a document entitled “Questions and Answers About Fisher v. University of Texas at Austin.” This is the first guidance released by...more

Supreme Court Approves Affirmative Action In College Admissions, But Remands For Additional Analysis Of Admissions Process

Justice Kennedy, in an opinion joined by Chief Justice Roberts and Justices Alito, Scalia, Thomas, Breyer, and Sotomayor, wrote that public universities’ race-conscious admissions policies are constitutionally permissible and...more

EEOC Sues Prestige Transportation Service for Pattern and Practice of Hiring Discrimination

Company Refused to Hire Black Applicants, Federal Agency Charged - MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more

EEOC’s Credit Screening Loss Is Not Necessarily an Employer’s Win

On January 28, 2013, a federal court in Ohio handed the EEOC a loss when it ruled in favor of several employers for their use of a third party to perform credit checks on candidates for hire. The EEOC claimed that the...more

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

Ohio District Court Dismisses EEOC Suit Challenging Credit Check Policies

Anyone looking for a case rich in irony need look no further than EEOC v. Kaplan Higher Learning Edu. Corp., Case No. 1:10 CV 2882 (N.D. Ohio, Jan. 28, 2013). Kaplan provides, among other services, online college training,...more

OFCCP Issues Guidance on Use of Criminal Records in Employment Decisions

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently posted a Directive on “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race...more

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

Sixth Circuit Finds Employer Had A Reasonable Justification For Differential Treatment

There is a reason every human resources expert preaches consistency: to prove employment discrimination where there is no smoking gun evidence of discriminatory intent, the plaintiff must generally show that he or she was...more

Jury Awards $200,000 in Damages Against A.C. Widenhouse in EEOC Race Harassment Suit

Jury Determines Trucking Company Subjected African-American Employees to Racial Slurs and Nooses - WINSTON SALEM, N.C. - In a legal victory for the U.S. Equal Employmen Opportunity Commission (EEOC), a North Carolina...more

Are Courts Reluctant To Grant Summary Judgment In Hostile Work Environment Cases?

The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l...more

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