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Race Discrimination Disparate Impact

Venable LLP

FTC Commissioner Claims Agency Creates Favorable Precedent Through Venue Selection

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During the dog days of August, the Federal Trade Commission (FTC) brought two complaints against auto companies involving alleged deceptive and discriminatory price advertising....more

Husch Blackwell LLP

California Court Finds that HR Vendors Using Artificial Intelligence Can Be Liable for Discrimination Claims from Their Customers’...

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The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate...more

Manatt, Phelps & Phillips, LLP

Achieving a Racially and Ethnically Equitable Health Care Delivery System in Massachusetts: A Vision and Proposed Action Plan

OVERVIEW - This report proposes a vision and plan for action—collectively a statewide Health Equity Action Plan—for achieving a racially and ethnically equitable health care delivery system in Massachusetts. The report is...more

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

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion...more

FordHarrison

EntertainHR: Olympian Tori Bowie’s Pregnancy-Related Death and the Pervasiveness of Implicit Bias

FordHarrison on

American track and field champion Tori Bowie recently died suddenly from complications related to childbirth. The three-time Olympian, who was once known as one of the fastest women in the world, hadn’t been seen for several...more

Ballard Spahr LLP

DOJ Settles Redlining Claim Against ESSA Bank

Ballard Spahr LLP on

The Justice Department (DOJ) recently announced a settlement with ESSA Bank & Trust (ESSA), which has agreed to pay over $3 million to resolve allegations that it engaged in a pattern or practice of redlining in violation of...more

Orrick, Herrington & Sutcliffe LLP

District Court grants summary judgment to bank in discriminatory lending suit

On December 19, the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of a national bank with respect to discriminatory lending allegations brought by the County of Cook in Illinois...more

CDF Labor Law LLP

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

DirectEmployers Association

DE Under 3: Reversal of 2019 Enterprise Rent-a-Car Trial Decision; EEOC Commissioner Nominee Update; Overtime Listening Session

In this episode of DE Under 3, resident expert John Fox shares first-hand experience with the recent appellate court’s reversal of the 2019 Enterprise Rent-a-Car discrimination trial decision, and Candee shares updates on...more

DirectEmployers Association

Unanimous Appellate Court Struck Down ALJ Decision Finding Baltimore Enterprise Rent-a-Car Guilty of Unlawful Race Discrimination:...

In an unforgiving decision, a unanimous Administrative Review Board of the USDOL reversed and remanded the entirety of the 2019 Recommended Decision and Order of USDOL Administrative Law Judge Morris Davis. In doing so, the...more

DirectEmployers Association

OFCCP Week In Review: May 2022 #5

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 Chambers and Jennifer Polcer. In today’s edition, they...more

Bilzin Sumberg

Fannie Mae Agrees to Settle REO Discrimination Case

Bilzin Sumberg on

Fannie Mae has reached a historic $53 million settlement with the National Fair Housing Alliance (“NFHA”) and local fair housing organizations throughout the U.S. to resolve racial discrimination claims concerning Fannie...more

Franczek P.C.

Ex Dolphin Coach’s Suit Against NFL Shows Risk of Flash over Substance in DEI Initiatives

Franczek P.C. on

Brian Flores’ recent class action race discrimination lawsuit against the National Football League and its teams provides a cautionary tale as to what can happen when an organization professes to value diversity, equity and...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more

Manatt, Phelps & Phillips, LLP

Racism and Racial Inequities in Health

Editor’s Note: In a new primer developed for the Blue Cross Blue Shield of Massachusetts Foundation, Manatt Health creates a foundational resource to broaden the collective understanding of racial and ethnic health inequities...more

Manatt, Phelps & Phillips, LLP

Racism and Racial Inequities in Health: A Data-Informed Primer on Health Disparities in Massachusetts

The COVID-19 pandemic laid bare long-standing racial and ethnic health inequities and disparities across America, including in Massachusetts. Black and Hispanic people in Massachusetts have been disproportionately impacted by...more

Holland & Knight LLP

Podcast - Discussing the Mission of Black Women's Health Imperative with CEO Linda Goler Blount

Holland & Knight LLP on

In honor of National Sickle Cell Awareness Month, Holland & Knight's Public Policy & Regulation Group is proud to partner with the Black Women's Health Imperative (BWHI) for a four-part podcast series on sickle cell disease....more

BCLP

Racial Equity Reports Required for Land Use Actions

BCLP on

On June 17, 2021, the New York City Council approved a local law (Intro No. 1572-B) that requires applicants (both City agencies and private applicants) for significant land use actions submitted on or after June 1, 2022 to...more

Davis Wright Tremaine LLP

[Webinar] Addressing Racial Disparities in Our Courts - April 20th, 12:00 pm - 1:30 pm PT

The Federal Bar Association for the Western District is launching a four-part Race, Equity and Justice (REJ) series that seeks to facilitate discussion and understanding of the many challenges attorneys and courts face in...more

Whitman Legal Solutions, LLC

April is Fair Housing Month

Redlining was a part of the New Deal designed to support government insurance of home mortgages to encourage homeownership. Redlined areas were deemed too risky for mortgages in that area to be insured. Most redlined...more

(ACOEL) | American College of Environmental...

Houston Highway Tests Biden’s Promise of Equitable Infrastructure

The Biden Administration has acknowledged the racist history of the U.S. interstate highway system and its ongoing negative impacts on many Black neighborhoods. Presidential Memorandum on Redressing Our Nation’s and the...more

Parker Poe Adams & Bernstein LLP

Divided Second Circuit Rejects Race Discrimination Claim Tied to Criminal Convictions

In 2012, the U.S. Equal Employment Opportunity Commission released an enforcement guidance document cautioning employers on the use of criminal background checks in hiring. The EEOC advised employers that blanket use of...more

Bradley Arant Boult Cummings LLP

HUD Issues Final Rule Redefining the Standard for Fair Housing Disparate Impact Discrimination Claims

On Sept. 3, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the implementation of the Fair Housing Act’s disparate impact standard. The Fair Housing Act (FHA) prohibits discrimination in...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

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