News & Analysis as of

Race Discrimination Employer Liability Issues

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...more

Seyfarth Shaw LLP

EEOC Puts High Tech Employers on High Alert Regarding Discrimination

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Seyfarth Synopsis: The Equal Employment Opportunity Commission (“EEOC”) has issued a report that should have high tech employers on high alert. According to the EEOC’s findings, analysis, and enforcement information, there...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

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

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

Seyfarth Shaw LLP

Single Use of Racial Slur May Constitute Harassment

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Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

Littler

Hair Style Discrimination Is Now Statutorily Prohibited in Puerto Rico

Littler on

On July 24, 2024, the Governor of Puerto Rico, Hon. Pedro Pierluisi, signed into law Senate Bill 1282, the Law Against Discrimination Based on Hair Styles. This law adopts as public policy the express prohibition of...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

Fisher Phillips on

A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

ArentFox Schiff

Grounds for Liability: Massachusetts Appeals Court Evaluates Standard for Employer’s Vicarious Liability

ArentFox Schiff on

This month in Pettiford v. Branded Management Group, LLC, the Massachusetts Appeals Court took a novel approach to vicarious liability, holding that the failure of a restaurant’s employees to stop the allegedly racist actions...more

Lathrop GPM

BE AWARE...Federal Enforcement of Discriminatory Pay Disparities on the Rise

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The Equal Employment Opportunity Commission (EEOC) recently extracted a multi-million dollar settlement from the Social Security Administration (SSA) for claims of pay disparities based on race....more

Jenner & Block

One Year Later: The Implications of SFFA for Corporate America

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On June 29, 2024, one year passed since the Supreme Court’s landmark decision in Students for Fair Admissions (SFFA), which overturned fifty years of legal precedent in striking down the race-conscious admissions programs at...more

FordHarrison

It’s about Tyne to Try Something New: The Burden of the Standard of Proof

FordHarrison on

Executive Summary - In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases. In Tynes v. Florida Department of Juvenile Justice, the court...more

Lathrop GPM

Hair Length Discrimination Banned in Colorado

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Colorado recently amended its CROWN Act of 2020 to include hair length as a protected characteristic for purposes of the state’s nondiscrimination law....more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

DirectEmployers Association

DE Under 3: EEOC’s Settlement with the SSA is a Cautionary Tale for Private Sector Employers & Federal Government Contractors

In this episode of DE Under 3, Candee and John discuss a recent settlement between EEOC and the Social Security Administration, resolving claims of unlawful race discrimination in the awarding of bonuses to Black employees in...more

McDermott Will & Emery

Arbeitsrechtliche Konsequenzen für die Kampener „Rich Kids

McDermott Will & Emery on

AUSLÄNDERHETZE ALS KÜNDIGUNGSGRUND? Sie wollen „Deutschland den Deutschen“ vorbehalten, meinen damit ausschließlich sich selbst (nicht etwa die Kassiererin im Supermarkt) und grölen „Ausländer raus“. Sowohl ihre Kleidung...more

Hinshaw & Culbertson - Employment Law...

EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace...more

Littler

Employers Face June 1, 2024 Deadline to Comply with Lehigh County, Pennsylvania’s New Expansive Anti-Discrimination Ordinance

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The Lehigh County Human Relations Ordinance was enacted February 26, 2024, establishing county-specific non-discrimination requirements for employment, housing, education, health care and public accommodations.  The ordinance...more

Holland & Hart - Employers' Lawyers

10th Circuit Scrutinizes DEI Training Program

Can an employer’s diversity, equity, and inclusion (DEI) program create liability for the discriminatory harassment of white employees? The U.S. 10th Circuit Court of Appeals (whose rulings apply to employers in Wyoming,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sheetz, Inc. For Racially Discriminatory Hiring Practice

Federal Agency Charges That Employer's Criminal History Screening Causes Discriminatory Impact Against Black, Native American and Other Workers- BALTIMORE – Sheetz, a large convenience store chain, violated federal law by...more

DirectEmployers Association

OFCCP Week in Review Special Edition | DEAMcon24 Day One Recap

The following is Part 1 of a 3-Part series reporting on the 24 presentations at the DirectEmployers (“DE”) Annual Meeting (DEAMcon24) of Members and the public. DE will publish the second installment on Monday, April 22, and...more

Seyfarth Shaw LLP

EEOC Scorecard: How Did The Commission Stack Up in FY 2023?

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The U.S. Equal Employment Opportunity Commission (EEOC) recently released its 2023 Annual Performance Report and a new dashboard highlighting resolved cases. Compared to the prior fiscal year, the EEOC contacted substantially...more

DirectEmployers Association

DE Under 3: EEOC Consent Decree Illustrated Enforcement Stance Regarding Natural Hair Texture & Race Discrimination

In this episode, John and Candee discuss a recent consent decree issued to a company that prohibited an African American employee from wearing her hair in its natural state, how this violated Title VII’s Ban on Race...more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

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After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hot Topics: AI and ESG

The US Government Is Using AI To Detect Potential Wrongdoing, and Companies Should Too With agencies such as the SEC and DOJ using AI and other data analytics tools extensively to detect wrongdoing, companies need to adopt...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employers Offering DEI Training Need To Monitor Both Pro- and Anti-DEI Court Challenges and Legislative Proposals

The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more

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