News & Analysis as of September 20, 2024

Disparate Treatment

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

OFCCP Week In Review: May 2022 #5

DirectEmployers Association on 5/31/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Federal Appeals Court Rules Plaintiffs Must Use More Than National Criminal Statistics to Prove Racial Discrimination

Parker Poe Adams & Bernstein LLP on 9/28/2020

According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...more

Maritime Autowash Will Pay $300,000 in EEOC Race and National Origin Discrimination Case

U.S. Equal Employment Opportunity Commission... on 12/20/2018

BALTIMORE - Maritime Autowash (later known as Phase 2 Investments, Inc.) will pay $300,000 in monetary relief and furnish equitable relief to settle a federal race and national origin discrimination lawsuit filed by the...more

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

Fisher Phillips on 11/15/2018

In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...more

Floyd’s Equipment to Pay $25,000 To Settle EEOC Racial Discrimination and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 10/18/2018

Missouri Contractor Transferred and Then Fired Employee for Complaining About Racial Slurs, Federal Agency Charged - ST. LOUIS -- Floyd's Equipment Inc., a Sikeston, Mo. contractor, has agreed to pay $25,000 and furnish...more

EEOC Sues Prewitt Enterprises and Desoto Marine for Race Discrimination

U.S. Equal Employment Opportunity Commission... on 10/5/2018

Mississippi Construction and Salvage Companies' Managers and Supervisors Continuously Subjected Black Employees to Racially Hostile Work Environment, Federal Agency Charges - MEMPHIS - Prewitt Enterprises, Inc., doing...more

Big 5 To Pay $165,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/19/2018

Sporting Goods Retailer Subjected Management Trainee to Racial Slurs and Death Threats, Federal Agency Charged - SEATTLE - Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a...more

EEOC Sues Metairie Dry Cleaner for Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/10/2018

Marion's Cleaners Fired Hispanic Employee for Opposing Verbal and Physical Abuse Based on Her Race and National Origin, Agency Says - NEW ORLEANS - New Orleans-based Mariam Enterprises, doing business as Marion's Cleaners...more

Koch Foods Settles EEOC Harassment, National Origin And Race Bias Suit

U.S. Equal Employment Opportunity Commission... on 8/2/2018

Poultry Supplier Pays $3.75 Million to Class of Hispanic Workers - BIRMINGHAM, Ala. - Koch Foods, one of the largest poultry suppliers in the world, will pay $3,750,000 and furnish other relief to settle a class...more

EEOC Sues Lafayette Schools’ Federal Credit Union for Retaliation

U.S. Equal Employment Opportunity Commission... on 7/16/2018

Credit Union Fired a Branch Manager the Day After She Opposed Its Use of a Racially Offensive Video During a Training Session, Agency Says - NEW ORLEANS - Lafayette Schools' Federal Credit Union unlawfully fired its only...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/29/2017

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

Termination for Refusal to Cut Dreadlocks Not Race Discrimination

Parker Poe Adams & Bernstein LLP on 10/4/2016

In recent years, the Equal Employment Opportunity Commission has attempted to expand the definition of race under Title VII. The agency takes the position that race includes cultural characteristics and individual expressions...more

Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics

Seyfarth Shaw LLP on 9/20/2016

Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

Bradley Arant Boult Cummings LLP on 9/20/2016

Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Job Applicants May Bring Disparate Impact Age Discrimination Claims

Parker Poe Adams & Bernstein LLP on 12/22/2015

Plaintiffs can sue for employment discrimination under federal civil rights laws using two theories. Disparate treatment claims allege that the plaintiff was treated differently based on his or her protected status. Disparate...more

Ninth Circuit: The EEOC Can Subpoena Extensive Employee Information

Seyfarth Shaw LLP on 11/3/2015

As our readers may recall, in November 2012, Judge G. Murray Snow of the U.S. District Court for the District of Arizona nixed a subpoena issued by the EEOC seeking employee pedigree information (name, address, telephone...more

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

Seyfarth Shaw LLP on 10/9/2015

In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Latest EEOC Discrimination Suit Targets Employment Exam

Proskauer - Law and the Workplace on 8/4/2015

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Proskauer - California Employment Law on 7/30/2015

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

The Final Resolution of EEOC v. Abercrombie & Fitch After the U.S. Supreme Court’s Decision

Weintraub Tobin on 7/22/2015

The EEOC issued a press release on July 20, 2015 announcing that the federal appeals court has dismissed Abercrombie & Fitch’s (“AF”) appeal of the EEOC’s religious discrimination case because AF made the decision to settle...more

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

Lewitt Hackman on 7/22/2015

Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation

Fenwick & West LLP on 6/26/2015

Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more

Supreme Court Agrees With EEOC In Regard To Religious Accommodation

Poyner Spruill LLP on 6/23/2015

On June 1, 2015, the United States Supreme Court issued its opinion in EEOC v. Abercrombie & Fitch Stores in which it held that a job applicant can experience religious discrimination under Title VII of the Civil Rights Act...more

Supreme Court Holds Employers Must Make Religious Accommodations Even Without Actual Knowledge of Need for Accommodation

McGuireWoods LLP on 6/19/2015

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from, among other things, refusing to hire an applicant because of his or her religion or religious practice. As a general rule, employers must...more

U.S. Supreme Court’s Decision in EEOC v. Abercrombie & Fitch: It’s All About the Motive

Stoel Rives LLP on 6/19/2015

In a case Justice Antonin Scalia described as “really easy,” the Supreme Court held that an employer can be liable for failing to accommodate a religious practice even if the employer lacks actual knowledge of a need for an...more

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Hiring & Firing › Equal Employment Opportunity Commission (EEOC) › Disparate Treatment

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