Racial Discrimination

California Employment Law Notes - May 2013

by Anthony Oncidi | Proskauer Rose LLP on 5/10/2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

EEOC Sues Cal-Maine Foods for Racial and Sexual Harassment, Retaliation

by U.S. Equal Employment Opportunity Commission... on 5/6/2013

Egg Producer Fired Employee for Reporting Race and Sexual Discrimination, Federal Agency Charges - WAELDER, Texas - Cal-Maine Foods, Inc., a national company that produces, processes and sells shell eggs, violated...more

Board Candidate Files Suit After State’s Attorney Serves Quo Warranto Action

by Brian P. Crowley | Franczek Radelet P.C. on 5/1/2013

In Parker v. Lyons, 2013 WL 1624336 (C.D. Ill. 2013), a candidate filed a nominating petition with the requisite number of signatures and was later served with a quo warranto action by the State’s Attorney. The quo warranto...more

One Slur Enough to Bring Racial Harassment Case, Court Rules

by Aaron Kase | Lawyers.com on 4/19/2013

A recent decision by the U.S. Court of Appeals for the D.C. Circuit states that a plaintiff may bring a harassment claim against an employer for a single offensive slur, if the insult is egregious enough....more

EEOC Sues Olympia Construction

by U.S. Equal Employment Opportunity Commission... on 4/18/2013

Black Employees Racially Harassed by Project Superintendent and Fired When They Complained and Sought Help From EEOC, Agency Charges - SELMA, Ala. - Olympia Construction, Inc. violated federal anti-discrimination laws...more

Utah Construction Company Pays $230,000 to Settle EEOC Racial Harassment and Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Court Found Holmes & Holmes' Work Environment Was Hostile to Blacks - SALT LAKE CITY - Utah construction company Holmes & Holmes Industrial, Inc. will pay three former employees $230,000 and improve its future...more

Fenwick Employment Brief: California Court Addresses Admissibility Of "Me Too" Evidence Of Discrimination

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/17/2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

EEOC General Counsel Offers Enforcement Insights

by Kelly Kolb | Fowler White Boggs P.A. on 4/10/2013

EEOC General Counsel, P. David Lopez, spoke at this year’s Florida Bar Advanced Labor Topics Seminar, and offered insights into the issues of interest to the EEOC’s attorneys. The areas of interest were broken down into 4...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Federal Court Grants Injunction Against A.C. Widenhouse in EEOC Race Harassment Cast

by U.S. Equal Employment Opportunity Commission... on 3/11/2013

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WINSTON SALEM, N.C. - Following on the heels of a legal victory for the U.S. Equal Employment...more

EEOC and Grand Central Partnership to Pay $135k to Settle EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/8/2013

Developer Fired Rastafarian Who Complained About Threat of Violence, Federal Agency Charged - NEW YORK - Grand Central Partnership, Inc. will pay $135,000 and furnish other relief to settle an employment...more

Great Taste, Less Filling: Revisiting The NFL’s Rooney Rule

by CMCP - California Minority Counsel Program on 3/5/2013

The Rooney Rule was established to promote the hiring of minorities among the NFL’s head coaches and general managers. But with numbers at their lowest since the Rule’s inception ten years ago, is the Rooney Rule working?...more

Textual Harassment Could CRE8 Liability For Employers

by Kristin A. LaRosa | Pepper Hamilton LLP on 2/25/2013

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

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

by Foley & Lardner LLP on 2/19/2013

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

Milwaukee Police Department Adds New Procedures To Improve Crime Reporting And Reduce Racial Profiling

by Samster, Konkel & Safran, S.C. on 2/11/2013

As previously reported on this Blog here, an investigation by the Milwaukee Journal Sentinel revealed a history of under-reporting crimes within the Milwaukee Police Department (“MPD”). Now, MPD Chief Ed Flynn announced a new...more

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

by Michael Graham, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/1/2013

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

Equal Pay Still A Hot Issue: Fair Pay Act Reintroduced In Congress

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/31/2013

In a year in which equal pay looks to be hot issue, the Fair Pay Act (S. 168, H.R. 438) was reintroduced in Congress in both the House and the Senate by Rep. Eleanor Holmes Norton (D-DC) and Senator Tom Harkin (D-IA)...more

Supervisors And Managers May Be Held To Higher Conduct Standards

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/30/2013

The 6th Circuit Court of Appeals has held that an employer can hold supervisors and managers to higher standards of conduct than rank-and-file employees....more

EEOC Statistics Show Retaliation Still Top Workplace Concern

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/30/2013

On January 28, 2013, the Equal Employment Opportunity Commission (EEOC) released fiscal year 2012 statistics on employment discrimination charges filed with the agency. Retaliation (37,836) was the most frequently filed...more

Sixth Circuit Affirms Fair Lending Class Certification Denial

by BuckleySandler LLP on 1/28/2013

On January 15, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s denial of class certification sought by a proposed class of borrowers alleging that a lender’s mortgage loan pricing policy, which...more

Supreme Court To Hear "Mixed Motive" Title VII Case

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/23/2013

The Supreme Court has agreed to hear an intriguing case regarding whether an employer can be held liable even if it has a legitimate reason for making an adverse employment decision. The Court announced on January 18 that it...more

Sixth Circuit Affirms Dismissal Of “Reverse” Racial Discrimination Claim Against Cracker Barrel

by Kyle P. Konwinski | Varnum LLP on 1/14/2013

In Martinez v. Cracker Barrel Old Country Store Inc., Case No. 11-2189 (6th Cir. Jan. 10, 2013), in a published decision, the Sixth Circuit affirmed the dismissal of a "reverse" racial discrimination claim arising out of...more

California Court Upholds Arbitration Agreement

by Tracey Fagelbaum | Proskauer - California Employment Law on 1/14/2013

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

Fair Housing Group Accuses Insurance Company Of Redlining

by BuckleySandler LLP on 1/9/2013

On December 21, the National Fair Housing Alliance (NFHA) announced that it filed with HUD a housing discrimination complaint against a major insurance company regarding the offering of hazard insurance in a certain...more

Emmert International to Pay $180,000 to Settle EEOC Race Harassment and Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

Heavy Haul Transportation Company Allowed Environment of Racial Abuse and Retaliated Against Employee for Complaining, Federal Agency Charged - PHOENIX - Emmert International agreed to settle an employment...more

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