News & Analysis as of

Race Discrimination Arbitration

Pillsbury Winthrop Shaw Pittman LLP

Federal Appeals Court Holds That Nonprofit Foundation’s Race-Based Grant Giving Contest Likely Violates Federal Law

The decision by the Eleventh Circuit Court of Appeals imperils one strategy for remedying societal racial inequities and creates legal risk for many DEI initiatives. A panel of the Eleventh Circuit held that grant programs...more

Felicello Law PC

Lessons On Arbitration Carveouts From Diddy-Diageo Suit

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Combs Wines and Spirits LLC, a company owned by Sean “Diddy” Combs, has a long-standing business relationship with Diageo North America Inc. by which Diageo distributes Ciroc Vodka and DeLeon Tequila. In May, Combs filed a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court of Appeal Rules Arbitration Agreement Is Unenforceable

A California appellate court recently denied enforcement of an arbitration agreement because (1) it contained provisions the court found problematic, and (2) the employer presented the agreement to the employee for electronic...more

Carlton Fields

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was...

Carlton Fields on

In Payne v. Savannah College of Art and Design Inc., the Eleventh Circuit Court of Appeals affirmed a district court order denying a motion to compel arbitration of plaintiff Isaac Payne’s discrimination-based claims. The...more

Seyfarth Shaw LLP

A Toast to Diversity?:  Sean “Diddy” Combs’ Suit Against Diageo Heats Up

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Seyfarth Synopsis: In May 2023, music and entertainment mogul Sean “Diddy” Combs, through his company, Combs Wines and Spirits LLC, commenced a lawsuit in New York Supreme Court alleging that Diageo North America, a...more

Proskauer - California Employment Law

Is Arbitration Becoming “Just Somebody That We Used to Know”? — The Beginning of the End of Arbitration

When Congress passed and President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“the Act”) last year, we predicted it was just the beginning of an all-out federal assault on...more

CDF Labor Law LLP

Further Erosion of Arbitration From Employment Agreements

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Employers should be concerned that just this week, Democratic lawmakers (Sen. Cory Booker of New Jersey and Rep. Colin Allred of Texas) outlined legislation that would ban the arbitration of claims involving race...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - May 2023

SCOTUS to Revisit Precedent on Agency Deference. This week, the Supreme Court of the United States (SCOTUS) agreed to hear Loper Bright Enterprises v. Raimondo, a case that will invite the Court to overrule its 1984 decision...more

Proskauer - California Employment Law

$137 Million Racial Harassment Verdict Against Tesla Slashed by New Jury!

An astronomical $137 million jury verdict against Tesla has again been reduced, for a second (and potentially final) time. Last Monday, following a five-day trial on damages, a federal court jury awarded Owen Diaz, a former...more

Franczek P.C.

Federal Court Tackles Issue of Arbitrability in NFL Race Discrimination Suit, with Split Results

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Last year, we wrote about former National Football League coach Brian Flores and his lawsuit in February 2022 alleging racial discrimination against the NFL and several of its teams. In his lawsuit, Flores claimed that the...more

Genova Burns LLC

To Click or Not to Click: NJ Appellate Division Reaffirms Enforceability of Electronic Arbitration Agreements

Genova Burns LLC on

On March 7, 2023, in Dakota Powell vs. Prime Comms Retail LLC, the New Jersey Appellate Division ruled that a former employee must arbitrate her claims of race discrimination, rather than pursue them in court due to her...more

Constangy, Brooks, Smith & Prophete, LLP

NFL wins more than it loses in Flores arbitration decision

Where does the case go from here? On March 1, a federal judge in New York issued a split decision in a class action lawsuit brought by three Black coaches against the National Football League and certain clubs, alleging a...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Carlton Fields

Court Confirms Arbitration Decision Concluding That Discrimination Claims Were Time-Barred

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A federal district court recently confirmed an arbitration decision concluding that a disgruntled former employee’s discrimination and retaliation claims under Title VII were time-barred because the former employee did not...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

First Circuit Enforces Delegation Clause in Arbitration Agreement

On March 30, 2021, in Bossé v. New York Life Insurance Co. et al., the First Circuit Court of Appeals issued an important decision upholding the enforceability of an arbitration agreement that delegates the arbitrability of...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

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In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

JAMS

[PODCAST] Resolving Employment Disputes through Mediation

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From health and safety concerns of the COVID-19 pandemic, to systemic discrimination issues amidst the Black Lives Matter movement, to continued fallout from the #MeToo movement, employers are currently facing a unique...more

Carlton Fields

Court Applies "Summary-Judgment-Like" Approach To Uncontested Motions To Compel Arbitration And Stay Litigation

Carlton Fields on

The court considered a restaurant franchisee’s motion to compel arbitration, and motion to dismiss, or, in the alternative, stay an employee’s race discrimination and retaliation lawsuit pending the completion of arbitration....more

ArentFox Schiff

COVID-19 Class Action Update: Employment, PPP, Business Interruption Insurance, and Airline Refunds Drive New Litigation

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In addition to battling class certification, businesses swept into these class actions may be faced with consolidation motions in multidistrict forums. The Arent Fox Class Actions group has been tracking COVID-19 class...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

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Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Cole Schotz

Second Federal Judge Refuses To Apply CPLR 7515’s Ban 0n Arbitration Of Discrimination Claims

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New York CPLR Section 7515, passed in 2018, prohibits mandatory arbitration of “any allegation or claim of discrimination.” Last week, Chief Judge Colleen McMahon of the United States District Court for the Southern District...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...more

Best Best & Krieger LLP

Doing Business in 2020: California’s New Workplace Legislation

Part 1: New Labor & Employment Laws Impacting California’s Public and Private Entities - California lawmakers passed a range of employment laws last year aimed to extend benefits and workplace protections to more workers and...more

Jackson Lewis P.C.

Ohio Eighth District Court Of Appeals Reverses Enforcement Of Employment Arbitration Agreement

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The Ohio Eighth District Court of Appeals reversed enforcement of an employment arbitration agreement on January 23, 2020, holding that the agreement was both substantively and procedurally unconscionable because it required...more

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