News & Analysis as of September 25, 2024

National Origin Discrimination

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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 -

Barrett Distribution Centers to Pay $60,000 in EEOC Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 5/1/2024

Distribution Center Settles Federal Charge That It Retaliated Against Employee After He Complained of National Origin Discrimination at Its Memphis Facility - MEMPHIS -- Barrett Distribution Centers, LLC will pay $60,000...more

EEOC Sues Schuff Steel Company for Race and National Origin Discrimination

U.S. Equal Employment Opportunity Commission... on 9/29/2022

Company Harassed and Retaliated Against African American and Hispanic Employees, Federal Agency Charges - PHOENIX -- Schuff Steel Company, a steel fabrication and erection company, violated federal law by harassing African...more

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2022

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Emerging Trends In COVID-19 Workplace Litigation

Fisher Phillips on 8/6/2020

As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

Another COVID-19 Litigation Hazard: Essential Employer Sued For Not Allowing Work From Home

Fisher Phillips on 6/16/2020

An engineer terminated for job abandonment just sued his former employer for not allowing him to work from home due to the COVID-19 pandemic. According to his complaint, Yiyu Lin, a 55-year-old Chinese-American engineer with...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

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on 12/4/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

EEOC Sues Operators of La Cantera Resort for National Origin Discrimination And Retaliation

U.S. Equal Employment Opportunity Commission... on 9/25/2018

Resort Subjected Hispanic Banquet Workers to Harassment and Discriminatory Discipline, Then Fired Those Who Complained, Federal Agency Charges - SAN ANTONIO, Texas - The operators of the La Cantera Resort and Spa in San...more

EEOC Sues Porous Materials for Sexual, Racial, And Anti-Immigrant Harassment and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/18/2018

Owner and Plant Manager Bullied Employees, Then Fired Employee Who Complained, Federal Agency Charges - NEW YORK - Porous Materials, Inc. (PMI), an Ithaca, N.Y.-based operator and manufacturer of testing equipment for...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

Cue the Organ Music: Court Administers the Ministerial Exception to Music Minister

Bradley Arant Boult Cummings LLP on 8/7/2018

Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...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

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on 3/14/2018

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

EEOC: Retaliation Tops Discrimination Charges Filed In Fiscal Year 2017

Jackson Lewis P.C. on 2/13/2018

Retaliation was the most common workplace discrimination charge received by the U.S. Equal Employment Opportunity Commission in fiscal year (FY) 2017, according to the agency. (The fiscal year runs from October 1 to September...more

Aloha Auto Group to Pay $30,000 To Settle EEOC Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 1/11/2018

Employee Fired for Advising Other Employees to File Hostile Work Environment Complaints, Federal Agency Says - HONOLULU, Hawaii - Aloha Auto Group, Ltd. will pay $30,000 and provide other relief to settle a lawsuit for...more

What Was The EEOC Up To This Year? Takeaways From 2017

Bradley Arant Boult Cummings LLP on 12/27/2017

The U.S. Equal Employment Opportunity Commission’s fiscal year ended on Sept. 30, 2017 and it has released its yearly "Performance and Accountability Report." Although this is a look back, it provides insight on what is...more

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on 10/4/2017

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

Seyfarth Shaw LLP on 10/2/2017

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...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

Avoiding Claims of Race, Religious, or National Origin Discrimination in the Current Political Climate

Fisher Phillips on 7/27/2017

Unless you have been living under a rock, you know that the United States has had a new president for about six months: Mr. Donald J. Trump. Many suggest (and I do not take a position on this) that President Trump was...more

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on 2/27/2017

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

Parker Poe Adams & Bernstein LLP on 7/26/2016

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Peters' Bakery to Pay $40,000 to Settle EEOC Harassment and Retaliation Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/13/2016

East San Jose Bakery Subjected Latina Clerk to Verbal Abuse, Then Punished Her for Complaining, Federal Agency Charged - SAN JOSE, Calif. - East San Jose-based Peters' Bakery will pay $40,000 to a Latina employee and...more

Promoting Workplace Diversity in Times of Trouble

Spilman Thomas & Battle, PLLC on 3/9/2016

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination...

U.S. Equal Employment Opportunity Commission... on 6/5/2014

Additional Relief in the Form of Job Offers and Other Benefits Will Be Offered to Vulnerable Thai Laborers, Says Federal Agency - LOS ANGELES - Three years after filing suit against farm labor contractor Global...more

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