News & Analysis as of

Discriminatory Intent

King & Spalding

USTR Initiates Section 301 Investigation on China’s Semiconductors

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On December 23, 2024, the Office of the United States Trade Representative (USTR) initiated an investigation under Section 301 of the Trade Act of 1974, as amended (Section 301), into Chinese “acts, policies, and practices...more

DLA Piper

Puerto Rico Department of Consumer Affairs Reactivates its Office Against Discrimination in Commerce

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The Puerto Rico Department of Consumer Affairs (DACO, per its acronym in Spanish) reactivated its Office Against Discrimination in Commerce (OADC) in September 2024 to ensure Puerto Rican consumers receive fair and equal...more

Seyfarth Shaw LLP

The Cost of Non-Compliance: Insights from IERs Settlement Agreement with Great Dane LLC

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On November 25, 2024, the U.S. Department of Justice (DOJ) announced a settlement with Great Dane LLC (Great Dane), a trailer manufacturing company, over allegations of discriminatory hiring practices against non-U.S....more

Farella Braun + Martel LLP

"Selective Prosecution," Hunter Biden, and January 6

When President Biden pardoned his son Hunter over the weekend, he did not say he was doing so just because he cared about his son. Rather, he repeatedly invoked the rationale that Hunter was “selectively prosecuted” – treated...more

Mintz

DOJ Confronts the Opportunities and Obstacles of AI

Mintz on

In remarks given at the University of Oxford on February 14, 2024, Deputy Attorney General (“DAG”) Lisa O. Monaco announced the Department of Justice’s (“DOJ”) latest approach to artificial intelligence: naming the DOJ’s...more

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

First Circuit Says Maine Equal Pay Law Does Not Require Discriminatory Intent

On February 1, 2024, the First Circuit Court of Appeals held that a plaintiff alleging a violation of the Maine Equal Pay Law (MEPL) does not need to show additional discriminatory intent beyond establishing that an employer...more

Foley & Lardner LLP

Third Circuit Rules Texas Auto Dealer Incentive Programs Must Use Reliable Standards

Foley & Lardner LLP on

The Texas Third Court of Appeals has offered guidance on the use of dealer incentive programs (DIPs) under the Texas Occupations Code (TOC). In Star Houston, Inc. v. Volvo Cars of North America, LLC and the Board of the Texas...more

Carlton Fields

Auto Insurers To Join Life Insurers at Colorado DOI’s Big Data Dance

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The Colorado Division of Insurance announced this week that it will host another stakeholder meeting regarding unfair discrimination in insurance practices on April 6, 2023, from 10:00 - 11:00 a.m. MT. Unlike prior meetings,...more

Tonkon Torp LLP

Oregon HOAs and Condominium Associations Must Remove Discriminatory Language by End of Year

Tonkon Torp LLP on

Pursuant to HB 2534—a bill that passed the Oregon Legislature in 2021—homeowners associations and condominium associations are required to review their governing documents and either (1) remove discriminatory language or (2)...more

Ballard Spahr LLP

House Financial Services Committee to hold March 4 hearing on auto insurance

Ballard Spahr LLP on

On March 4, 2020 the House Financial Service’s Subcommittee on Housing, Community Development and Insurance will hold a hearing entitled, “Drivers of Discrimination: An Examination of Unfair Premiums, Practices and Policies...more

Littler

Littler Global Guide - United Kingdom - Q4 2019

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Leaked Legal Advice Protected Under Privilege, Court of Appeal Holds - Precedential Decision by Judiciary or Regulatory Agency - On October 22, 2019, the UK Court of Appeal held that a leaked email, in which in-house...more

Littler

Ontario, Canada: Human Rights Tribunal Awards $120,000 Award for Discrimination in Hiring Process

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The Human Rights Tribunal of Ontario (the “HRTO”) recently rendered its decision on remedy in the Haseeb v. Imperial Oil Limited case, following up on its liability decision in which it found the employer’s practice of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Flowers v. Mississippi

On June 21, 2019, the United States Supreme Court decided Flowers v. Mississippi, No. 17-9572, holding that the state court committed clear error in concluding that the state’s peremptory strike of a black prospective juror...more

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