Racial Discrimination Sex Discrimination

News & Analysis as of

Testing the “Joint Employer” Waters

PK Law recently reported on the filing of a complaint by the General Counsel for the National Labor Relations Board (“NLRB”) against McDonald’s Corporation to the effect that McDonald’s was a “joint employer” with its...more

EEOC Roundup: January 2015

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

Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the...more

EEOC Roundup: July 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

Seapod Pawnshops Charged by EEOC with Sex, Race and National Origin Harassment and Retaliation

Owner Tormented Workers, Fired Those Who Complained, Federal Agency Charged - NEW YORK - Seapod Pawnbrokers, a chain of pawnshops in Brooklyn and Queens, N.Y., violated federal law when its owner harassed workers...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

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

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

The Path to Equality -- Yesterday and Today

The movement toward equal rights for women and minorities has a long and storied history. Organizations that strive for equality for all races, genders, and religions can trace their origins back to a small gathering in...more

EEOC General Counsel Offers Enforcement Insights

EEOC General Counsel, P. David Lopez, spoke at this year’s Florida Bar Advanced Labor Topics Seminar, and offered insights into the issues of interest to the EEOC’s attorneys. The areas of interest were broken down into 4...more

California Court Upholds Arbitration Agreement

Maribel Baltazar sued her former employer, Forever 21, Inc., alleging she was constructively discharged and subjected to discrimination and harassment based on her race and sex....more

Non-Probationary Employee Not Proper Comparator For Probationary Employee, Third Circuit Holds

In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his...more

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