Racial Discrimination

News & Analysis as of

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

A Check on the EEOC Attack on the Credit Check

We have written a few times about the EEOC’s closer inspection of background checks and the use of criminal records in employment decisions because of their potential adverse impact on classes of applicants. The EEOC has also...more

EEOC Roundup: February 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Appleseed Event Featured Two Justice Legends Who Are Still Fighting, Opening Eyes

I had the great pleasure today of attending the Alabama Appleseed Brewer-Torbert Awards Luncheon. What an inspiring event! This year's award was presented to Fred Gray, a legendary civil rights attorney and icon. Mr....more

Federal Judge Dismisses EEOC Complaint Claiming "No Dreadlocks" Policy Discriminates Based On Race

Previously we told you that the U.S. Equal Employment Opportunity Commission (EEOC) was suing an Alabama insurance company for allegedly discriminating against African American job applicants because the company's grooming...more

CFPB releases report on employee reviews

The CFPB appears to have reacted to the American Banker’s recent article revealing that CFPB staff evaluations showed a pattern of racial disparities by releasing the internal report that was the basis for the article....more

Sixth Circuit Says Plaintiff Can Pursue Blended Race and Sex Discrimination Claim Even Though She Was Replaced By a Woman

When pursuing a federal employment discrimination claim, plaintiffs frequently allege multiple bases for the claim, i.e., age and disability, or gender and religion. Last month, the Sixth Circuit Court of Appeals concluded...more

Corporate and Financial Weekly Digest - Volume IX, Issue 12

In this issue: - Delaware Supreme Court Upholds Chancery Court Ruling that Applied Business Judgment Rule to Going Private Transaction with Controlling Stockholder - Amendments to Uniform Branch Office...more

EEOC Sues LaFontaine Buick For Racial Harassment

Dealership Subjected African-American Employee to Constant Racial Slurs Despite His Complaints, Federal Agency Charged DETROIT - LaFontaine Buick Cadillac GMC, Inc., a Michigan automobile dealer, violated federal law...more

AA Foundries Agrees to Drop Appeal of EEOC Racial Harassment Lawsuit

$140,000 Jury Verdict for Race Harassment Victims Upheld - DALLAS - AA Foundries, a San Antonio manufacturer of ferrous castings and producer of foundry mold machines, has agreed to drop its appeal of a racial...more

EEOC Obtains Judgment Against Titan Waste Services for $228,000 in Race Discrimination Lawsuit

Federal Agency Charged That Employer Harassed and Discharged Black Employee Because of His Race - BIRMINGHAM, Ala. - Titan Waste Services, Inc., a Milton, Fla., waste disposal and recycling company, has been ordered to...more

Evidence: Subjectivity By Itself Is Not Proof Of Unlawful Race Discrimination

The Bible contains the story of Gideon, who pared down an army of 32,000 to a meager 300 to defend his homeland. Gideon wasn’t looking for a large number of soldiers; rather, he was looking for a particular type of soldier....more

Olympia Construction to Pay $100,000 to Resolve EEOC Racial Harassment and Retaliation Lawsuit

Federal Agency Says Black Employees Were Racially Harassed by Project Superintendent And Fired for Complaining - SELMA, Ala. - Olympia Construction, Inc. will pay a total of $100,000 jointly to three former employees...more

CFPB staff evaluations show racial disparities, American Banker reports

Given the CFPB’s fair lending focus, there is certainly a strong dose of irony in the American Banker’s report yesterday that CFPB staff evaluations show a pattern of racial disparities. The article states that, according to...more

Employer's quick action bars racial harassment claim

Recently, a federal circuit court of appeals overturned a six-figure jury award in a case alleging racial harassment that involved talk of lynching and thinly veiled references to the Ku Klux Klan. Here’s another example of...more

Should Background Checks Be On Your New Employee Checklist?

"Where there's Pepsi, there's music" … is a slogan from a Pepsi marketing campaign. No doubt the EEOC agrees – in 2012, Pepsi paid over $3 million to settle race discrimination claims and agreed to provide job offers and...more

7 States Dominate Race Charges – Southern Charm No Replacement for Ethics and Compliance Training

Why do southern states in particular need ethics and compliance training? - The EEOC recently released fiscal year 2013 data on its enforcement and litigation efforts. The data totals EEOC charges by type of...more

Sparks Restaurant to Pay $56,000 and Provide Injunctive Relief in EEOC Retaliation Lawsuit

Menomonie, Wis., Restaurant Retaliated Against Employee for Complaints About Racially Offensive Drawings, Judge Ruled Following Jury's Findings - MADISON, Wis. - A federal district court has ruled that Sparx Restaurant...more

OFCCP Flexes its Muscle with Threats of Term Debarment

The Office of Federal Contract Compliance Programs (OFCCP) recently announced a significant monetary settlement of a complaint alleging hiring discrimination by a federal contractor. In this complaint, the agency alleged that...more

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