On June 29, 2023, in the highly anticipated cases Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the U.S. Supreme Court held that the...more
6/30/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII
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
3/16/2023
/ Arbitration ,
Arbitration Agreements ,
Athletes ,
Contract Terms ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Football ,
Hiring & Firing ,
Minorities ,
NFL ,
Race Discrimination
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
In week two, the Biden administration shook things up at the National Labor Relations Board with the firing and replacement of General Counsel Peter Robb, walked back President Trump’s pro-independent contractor agenda at the...more
2/1/2021
/ Administrative Appointments ,
Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
NLRB General Counsel ,
OSHA ,
Race Discrimination ,
Tip-Pooling
Section 1981 of the Civil Rights Act prohibits intentional race discrimination in all forms of contracting including employment. Lower courts have split as to whether a § 1981 plaintiff must prove that race was only one...more
3/30/2020
/ 42 U. S. C. § 1981 ,
Appeals ,
Burden of Proof ,
But For Causation ,
Civil Rights Act ,
Comcast ,
Comcast Corp. v National Association of African American-Owned Media ,
Commercial Contracts ,
Dismissals ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Race Discrimination ,
Racial Bias ,
Reversal ,
SCOTUS ,
Split of Authority ,
Substantial Motivating Factor Test ,
Television Broadcast Stations ,
Title VII
Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th,...more
12/20/2016
/ Age Discrimination ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Disney ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Florida ,
Foreign Workers ,
H-1B ,
Layoffs ,
National Origin Discrimination ,
Outsourcing ,
OWBPA ,
Popular ,
Race Discrimination ,
RICO ,
Title VII ,
Wage and Hour ,
Wrongful Termination
On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more
5/26/2016
/ Constructive Discharge ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Green v Brennan ,
Hiring & Firing ,
Race Discrimination ,
Resignation ,
Retaliation ,
SCOTUS ,
Statute of Limitations ,
Title VII ,
USPS
Last week, the Federal Court of Appeals for the Fourth Circuit upheld a district court’s decision granting summary judgment to an employer accused by the Equal Employment Opportunity Commission (EEOC) of racial bias in its...more