News & Analysis as of

Hostile Environment Race Discrimination

EEOC Sues Aaron’s For Race Harassment

Managers at Warehouse Used Racist Slurs and Assigned Them the Most Difficult Work, Federal Agency Charges - NEW YORK - Aarons, Inc., a nationwide chain of rent-to-own stores, violated federal law when supervisors engaged...more

The Importance of Adopting Effective Policies and Procedures for Handling Harassment in the Workplace

by Poyner Spruill LLP on

The news has been filled lately with reports of harassment allegations against all sorts of famous people. From politicians to movie stars, many public figures are finding themselves embroiled in legal battles based on their...more

Trick or Treat? Employee Claims Discrimination After Attending Office Halloween Party

Before you send out that next office-wide invite to a “holiday” party, think twice. Carmelite Lofton has sued her employer, BSN Sports, LLC—a Texas uniform and equipment retailer—when things turned sour after she was forced...more

EEOC Sues Driven Fence for Race Harassment

Melrose Park Company Created a Hostile Work Environment, Including a Noose Display, Federal Agency Charges - CHICAGO - Driven Fence, a Melrose Park fence installation company, created a hostile work environment consisting...more

Words Matter: The Third Circuit Clarifies That a Single Racial Slur in the Workplace May Be Enough to State a Hostile Work...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Telling African-American employees “that if they had ‘n—– rigged’ the fence, they would be fired” may be enough, standing alone, to state a hostile work environment claim....more

GNT Foods Sued By EEOC For Racial Harassment and Retaliation

African-American Employees Subjected Daily to Racial Epithets and Fired for Complaining and Taking Part in EEOC Investigation, Federal Agency Charged - ATLANTA - G.N.T, Inc., doing business as GNT Foods, a grocery store...more

Employment Law Commentary, August 2017, Volume 29, Issue 8

by Morrison & Foerster LLP on

The Third Circuit has recently taken steps to resolve inconsistent precedent regarding the standard for pleading hostile work environment harassment. In Castleberry v. STI Group, decided in July, the Third Circuit held for...more

JL Schwieters Construction to Pay $125,000 To Settle EEOC Race Harassment Lawsuit

Company Subjected Black Employees to Noose, Threats and Racial Slurs, Federal Agency Charged - MINNEAPOLIS - A Hugo, Minn., construction company will pay $125,000 to settle a racial harassment lawsuit filed by the U.S....more

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

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

Eighth Circuit Says Racist Comment Not Justification for Terminating Striking Worker

Under most employers’ anti-discrimination and harassment policies, an employee who makes overt racist comments toward a co-worker would likely face termination. In addition to the moral and ethical purposes behind such...more

One Racial Slur is One Too Many, Rules Third Circuit

by LeClairRyan on

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in...more

A Word To The Wise: Castleberry v. STI Group And The Expansion Of Liability For Hostile Work Environments

In David Lynch’s film Dune, a character proclaims that the protagonist “can kill with a word.” Although not quite as dramatic, the United States Court of Appeals for the Third Circuit recently held that an employer can...more

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

by Blank Rome LLP on

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a...more

Third Circuit Reminds Employers That an Isolated Act of Harassment Can Land Them in Hot Water

In a decision issued July 14, 2017, the Third Circuit clarified that to prevail on workplace harassment claims, plaintiffs must show that the conduct was “severe or pervasive”—not “severe and pervasive” or “pervasive and...more

Third Circuit: Isolated Act of Discrimination Can Create Hostile Work Environment

As employment lawyers, we frequently encounter misconceptions about what qualifies as a “hostile work environment.” It has nothing to do with whether a supervisor or co-worker is simply picking on or being mean to an employee...more

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid...more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

The “Knife’s Edge”: Second Circuit Dulls the Standard of Proof Needed for a Hostile Work Environment

by Kelley Drye & Warren LLP on

The Second Circuit recently reversed a district court’s dismissal of a hostile work environment claim brought by a Muslim plaintiff. In-house counsel and human resources executives should take heed of this decision, which...more

Labor and Employment Group News: A Single Racist Comment Can Create a Hostile Work Environment

by Murtha Cullina on

On April 25th, the United States Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single incident can suffice to state a claim for a discriminatory hostile work...more

One Racial Slur Constitutes Harassment?

by Ruder Ware on

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment. The particular question addressed in this court decision was...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Employment Law Navigator – Week in Review: May 2017

by Zelle LLP on

Last week, we saw several developments in the area of race discrimination in employment, including a Second Circuit decision that has generated media coverage and commentary. The Second Circuit’s ruling reversed a lower court...more

FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

by Rumberger Kirk & Caldwell on

In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment

by Jackson Lewis P.C. on

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

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