News & Analysis as of

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

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

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

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

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

MMR Constructors Settles EEOC Racial Harassment Lawsuit

White Co-Workers Racially Harassed Black Employee, Federal Agency Charged - TEXARKANA, Ark. - MMR Constructors, Inc., a worldwide labor contractor, has agreed to pay $50,000 and provide other relief to settle a racial...more

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring...more

Del Monte Fresh Produce Agrees to Settle EEOC Farmworker National Origin Lawsuit

Federal Agency Alleged Thai Farm Workers Were Subjected to Discrimination on Hawaii Farm - LOS ANGELES -- Del Monte Fresh Produce, one of the country's leading producers of fresh fruit and vegetables, has agreed to...more

Trick or Treat: Tips from Halloween-Themed Lawsuits

It’s Halloween, and we employment lawyers would be remiss if we didn’t comment on the ways that workplace Halloween costumes can sometimes go wrong. The negative flap that celebrity Julianne Hough is receiving in the news for...more

EEOC Sues Insurance Company Over Hair Policy

An Alabama insurance company is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly discriminating against black job applicants. The EEOC alleges that the insurance company's grooming policy...more

What You Should Know: EEOC Clarifies Use of Background Checks

In order to avoid potential litigation, employers who rely on criminal background checks to screen out undesirable applicants should make sure they are tailored to the requirements of the job being filled, the chairwoman of...more

EEOC Sues Farmers Insurance for Race Bias in the Firing of Asian-American Claims Representatives

Insurance Giant Also Discharged Caucasian in Retaliation for Providing Testimony During the Discrimination Investigation, Federal Agency Charges - FRESNO, Calif. - Farmers Insurance Exchange violated federal law...more

Mobile Catastrophic Insurance Claims Company Sued by EEOC for Race Discrimination over Hair Policy

Catastrophe Management Solutions' Policy Prohibiting Dreadlocks Violates Federal Race Bias Law, Federal Agency Charges - MOBILE, Ala. - Catastrophe Management Solutions, a Mobile catastrophic insurance claims...more

Schindler Elevator Corporation to Pay $35,000 to Settle EEOC Race Discrimination Suit

African-American Employee Terminated Because of His Race, Federal Agency Charged - CHARLOTTE, N.C. - Schindler Elevator Corporation, headquartered in Morristown, N.J. will pay $35,000 and furnish significant remedial...more

EEOC Sues Dart Energy and J&R Well Services for Race/National Origin Discrimination, Retaliation

Workers Fired for Protesting Hostile Environment, Federal Agency Charged - DENVER - A Michigan-based energy company and its Wyoming subsidiary violated federal law against race and national origin harassment and...more

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Labor Letter, September 2013: Supreme Court Tightens Standard In Retaliation Cases

As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the...more

EEOC Sues Carolina Mattress Guild for Racial Harassment and Retaliation

Thomasville Company Subjected Black Employees to Racial Abuse, Fired One of the Victims for Complaining, Federal Agency Charges - GREENSBORO, N.C. - Carolina Mattress Guild, Inc., a Thomasville, N.C.-based mattress...more

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