News & Analysis as of

Hostile Environment Race Discrimination

Perkins Coie

Employers See Wins in Title VII Suits Over DEI Trainings

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Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

Zuckerman Spaeder LLP

What Is Illegal DEI? Employers and Workers Are Still Looking for Answers

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Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more

Polsinelli

EEOC Guidance on DEI-Related Discrimination in the Workplace

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On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

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On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

Davis Wright Tremaine LLP

New Administration Outlook: Trump's DOE Letters and Colleges' First Amendment Defenses Against Pretextual Title VI Threats

Anti-discrimination statutes protect against "deliberate indifference" to conditions establishing a hostile environment of antisemitic violence and harassment. But those statutes cannot be used to censor legitimate speech...more

Troutman Pepper Locke

New Jersey Division on Civil Rights Issues Finding of Probable Cause Against Consumer Financial Services Company for...

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On March 11, New Jersey Attorney General (AG) Matthew Platkin and the New Jersey Division on Civil Rights (DCR) announced that DCR issued a finding of probable cause against Advance Funding Partners/Same Day Funding (Advance...more

CDF Labor Law LLP

Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

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In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Follow Policies Prevents Early Dismissal of Discrimination Claims

Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more

U.S. Equal Employment Opportunity Commission...

United Airlines to Pay $99,000 in EEOC Discrimination Case

Airline Settles Federal Lawsuit for Former Asian American Employee Subjected to a Hostile Work Environment Based on His Race (Asian) and National Origin (Mongolian) - DENVER — United Airlines, Inc. a Delaware corporation...more

Fox Rothschild LLP

One Use of the “N-word” Lands an Employer in a Jury Trial – Lessons to Learn

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One instance of a coworker directing the “N-word” to a Black employee can rise to the level of being so severe as to make for a racially hostile work environment in violation of the California Fair Employment and Housing Act...more

Kelley Drye & Warren LLP

Should Employers Adopt a One-Strike Rule for Racial Slurs?

In California, even a single racial slur by a non-management employee may now give rise to employer liability under certain circumstances. In Bailey v. San Francisco District Attorney’s Office, the California Supreme Court,...more

Fisher Phillips

Growing Attacks on Corporate DEI Programs: 5 Employer Takeaways to Help Support Your Diversity, Equity, and Inclusion Efforts

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Diversity, equity, and inclusion programs are facing scrutiny across the country, causing some employers to scale down their DEI initiatives or drop them altogether. As companies face pressure and increasing legal challenges,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Advance Auto Parts for Maintaining Hostile Work Environments for Gay and Black Workers

Federal Agency Charges Automotive Retailer Failed to Protect Workers from Harassment by Co-Workers and Customers - MIAMI – Advance Auto Parts, an automotive parts retail chain, violated federal law when it allowed its...more

Proskauer - California Employment Law

September 2024 California Employment Law Notes

We invite you to review our newly-posted September 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law....more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Workplace Harassment

Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory...more

U.S. Equal Employment Opportunity Commission...

J.A. Croson Pays $1.6 Million to Settle EEOC Racial Harassment and Retaliation Lawsuit

Plumbing Contractor Will Compensate Black and Hispanic Plumbers Subjected to Racially Hostile Work Environment and Retaliation - TAMPA, Fla. – J.A. Croson, a Sorrento, Florida-based plumbing and HVAC contractor, agreed to...more

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Foley & Lardner LLP

California Supreme Court Affirms Single Comment Can Constitute Harassment and Addresses Standard for Retaliation

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In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more

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

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

Littler

Littler Lightbulb: July Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Seyfarth Shaw LLP

Single Use of Racial Slur May Constitute Harassment

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Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

Franczek P.C. on

In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

Bowditch & Dewey

Changing Requirements for Title VI Compliance?

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Case resolutions released by the Department of Education’s Office for Civil Rights (“OCR”) in the past two weeks may be signaling a change in how OCR expects institutions of higher education to comply with Title VI’s mandate...more

U.S. Equal Employment Opportunity Commission...

Cavco Industries, Palm Harbor Homes and Palm Harbor Villages to Pay $135,000 to Settle EEOC Race Discrimination Lawsuit

Agency Found Manufactured Home Companies Allowed Discrimination Against a White Employee with Black Family Members - WACO, Texas – Cavco Industries, Inc.; Palm Harbor Homes, Inc.; and Palm Harbor Villages, Inc., which...more

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