Racial Discrimination

News & Analysis as of

EEOC SUES AutoZone for Race Discrimination

Auto Parts Giant Fired Black Manager for Resisting Race-Based Transfer, Federal Agency Charges - CHICAGO - Automotive parts retail chain AutoZone, Inc. violated federal law when it forced a black sales manager to...more

Sheet Metal Union Resolves Race-Based Discharge from Apprenticeship Program with EEOC

Local 25 Discharged Black Apprentice Due to Race Despite Long-Standing Ruling on Prior Discriminatory Acts, Federal Agency Charged - NEW YORK - The apprenticeship school affiliated with a New Jersey construction...more

Hostile Work Environment Case Gets Additional Fourth Circuit Scrutiny

The Fourth Circuit Court of Appeals has agreed to an en banc rehearing (in which all judges on the court will hear the case) of Boyer-Liberto v. Fountainebleau Corp. after a three-judge panel of the court ruled in May 2014...more

Appeals Court Upholds Jury Verdict and All Relief Awarded Against A.C. Widenhouse in EEOC Race Harassment Case

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WASHINGTON - In the latest of a series of successes in the U.S. Equal Employment Opportunity...more

“Me Too” Evidence Doesn’t Cut It

In a case of first impression, Adams v. Austal, USA, LLC, No. 12-11507 (11th Cir. June 17, 2014), the Eleventh Circuit addressed whether an employee may rely on evidence of racial harassment of which he is not personally...more

Chapman University to Pay $75,000 to Settle EEOC Race Discrimination Suit

University Fired Black Professor After Being Denied Tenure Due to Race, Federal Agency Charged - SAN DIEGO - Chapman University, a private university in Orange, Calif., will pay $75,000 and furnish other relief to...more

CFPB & DOJ Consent Orders with Former GE Capital Retail Bank: Something Old and Something New

Yesterday, the CFPB announced a $225 million settlement of two major credit card enforcement matters with Synchrony Bank, formerly known as GE Capital Retail Bank. First, the “Add-On Matter” targets alleged deceptive...more

California Federal Judge Allows Second Los Angeles Fair Housing Case To Proceed

On June 9, the U.S. District Court for the Central District of California denied a mortgage lender’s motion to dismiss the City of Los Angeles’s Fair Housing Act suit, the second such denial by the same judge in recent weeks....more

EEOC Sues Wisconsin Plastics for Discrimination Against Hmong and Hispanic Employees

Workers Fired for Lacking English Skills They Did Not Need, Federal Agency Charges - GREEN BAY, Wis. - Wisconsin Plastics, Inc. (WPI), a metal and plastic products manufacturer based in Green Bay, violated federal law...more

History + Pretext = Trial

A history of workplace racial imbalance might undermine your legitimate non-discriminatory reason for a promotion decision. In Ahmed v. Johnson, No. 13-1054 (1st Cir. May 21, 2014), the plaintiff argued he was passed over for...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 8: The Supreme Court Finds That...

People don’t discriminate by accident. But in the wake of the passage of Title VII, employers began adopting facially neutral policies which had the effect of discriminating against protected classes. Before Title VII became...more

Is Forum Shopping for Equal Rights on the Horizon?

Race discrimination claims brought by members of the racial majority have long been recognized as legitimate claims under Title VII of the Civil Rights Act of 1964 (Title VII) and various state discrimination laws. However,...more

Court Holds Employer Can Be Liable For Harassing Actions Of Its Customer If It Does Not Take Reasonable Steps To Prevent The...

On April 29, 2014, the Fourth Circuit held that a plaintiff had triable sexual and racial harassment claims under Title VII regarding conduct by a customer of her former employer. During her employment, the plaintiff...more

If Donald Sterling Fights the NBA, He’s Going to Lose

When I wrote my last post, the only statements we had from Donald Sterling regarding his recent scandal were those contained on the recording that got him in trouble in the first place. Since then, he spoke publicly for the...more

When Mediation Makes Sense: A Win for Employers and Employees

A recent article in the New York Times discussed a new law giving unpaid interns in New York the right to sue if they are harassed or discriminated against by an employer. The legislation takes effect in June, a time of year...more

Sterling, Silver

Unless you’ve been living under a rock this past week, you likely heard the story of Donald Sterling–vile racist billionaire NBA franchise owner–versus Adam Silver–white knight commish of the NBA working to free the world...more

If Your Boss Were Donald Sterling, What Could You Do? #EmploymentLawyer

As an employment law attorney I’ve been following recent events and unless you avoid sports-related news, you have heard that Donald Sterling, the coach of the NBA’s Los Angeles Clippers, was recently banned for life from the...more

What Would You Do With Donald Sterling?

By now, you’ve probably heard of the audio recording of racist statements by L.A. Clippers’ owner Donald Sterling that has gone viral. Yesterday, the NBA commissioner announced that Sterling will be banned for life from the...more

Supreme Court Rules On Affirmative Action

Yesterday’s Supreme Court decision in Schuette v. Coalition to Defend Affirmative Action is attracting a fair amount of attention in the news media. From an employment law perspective, the case likely will have little impact....more

Oklahoma Government Bodies May Not Consider Race, Sex, Ethnicity Or National Origin In Employment, Contracting, Or School...

In 2003, despite the Constitutional prohibition on racial discrimination, the U.S. Supreme Court in Grutter v. Bollinger permitted the University of Michigan to consider applicants’ race to ensure a diverse student body. In...more

High Court Decision In Michigan Affirmative Action Case Leaves Requirements For The Consideration Of Race Untouched

The U.S. Supreme Court held yesterday that a voter-approved ban on the use of race-based preferences for public university admissions does not violate the U.S. Constitution. The decision focused narrowly on whether the U.S....more

Supreme Court Ruling Exposes Continuing Division on Use of Race in Higher Education Admissions

Yesterday's ruling in Schuette v. Coalition to Defend Affirmative Action shows that the justices on the U.S. Supreme Court remain fundamentally divided about the future of race-conscious admission policies in higher...more

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

Sixth Circuit Delivers Knockout to EEOC in Another Background Check Case

The EEOC suffered a major setback on April 9th when the Sixth Circuit Court of Appeals affirmed summary judgment in the highly watched background check case of EEOC v. Kaplan Higher Education Corporation, et al. The Sixth...more

The EEOC Loses Background Check Battle In The 6th Circuit

The Sixth Circuit issued a much anticipated ruling on April 9, 2014 related to the Equal Employment Opportunity Commission’s (“EEOC’s”) systemic targeting of employer background check policies. ...more

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