News & Analysis as of

Human Resources Professionals Race Discrimination

Constangy, Brooks, Smith & Prophete, LLP

Ten ways to avoid challenges to DEI initiatives

How prepared is your organization? Since the U.S. Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, Diversity, Equity and Inclusion policies have faced increased...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

BCLP

UK HR Two-Minute Monthly: July 2023

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Our July update includes cases on the dismissal of a devout Christian dismissed for gross misconduct for social media criticism of pro-LGBTQ+ teaching at schools, allowances that tribunals should make to litigants in person...more

Cranfill Sumner LLP

After Supreme Court’s Affirmative Action Decision, Attorneys General Set Their Sights on Employment DEI Programs

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The Supreme Court issued a major decision at the end of June when it outlawed affirmative action for colleges in Students for Fair Admissions v. President & Fellows of Harvard College (“SFFA”).  The Court based its decision...more

Sands Anderson PC

What Employers Need to Know in Light of the Supreme Court’s Opinion on Affirmative Action

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In Students for Fair Admissions v. Harvard and Students for Fair Admission v. University of North Carolina, the United States Supreme Court struck down the holistic race-conscious admissions programs at Harvard and UNC as...more

Burns & Levinson LLP

Why Not Try To Preempt Employee Claims by Shortening the “Statute” of Limitations?

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No company wants to be sued by its current or former employees, particularly for discrimination claims. Even if you prevail, litigating such claims inevitably exposes you to public stigma and internal discord. In such...more

BCLP

UK HR two-minute monthly: April 2023

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Our April update includes cases on religious belief discrimination in the education sector, with a school chaplain preaching to pupils his views on same-sex marriage, a case considering whether the potentially disruptive...more

Mitratech Holdings, Inc

[Webinar] Panel Discussion – The Current Debate Over Affirmative Action: What This Means for Employers - April 5th, 9:30 am PT

As we await the Supreme Court’s decisions on the Harvard and UNC cases involving the long-held practice of using race as a factor in student admissions policies, affirmative action hangs in the balance and poses questions as...more

Poyner Spruill LLP

Update Your EEOC Poster

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It is more important than ever that employers ensure their policies and practices do not violate Title VII and other civil rights laws. As part of that compliance, employers should replace their “EEO is the Law” workplace...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

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 Cynthia L. Hackerott. In today’s edition,...more

McAfee & Taft

Workplace investigations: Prompt and reasonable, but not always perfect

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Employers understand the importance of investigating employees’ harassment complaints. A recent case explains what standards apply to the company’s investigation and what happens if the employer cannot determine who was the...more

Morgan Lewis

Florida ‘Stop WOKE’ Bill Could Impact Employers’ Diversity, Equity, and Inclusion Efforts

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The Stop WOKE Act prohibits employers from requiring employees to participate in certain types of diversity, equity, and inclusion (DEI) training. The bill was recently passed by the Florida House and Senate; Governor Ron...more

BCLP

UK HR Two Minute Monthly - March 2022

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Our March update considers key employment law developments from February 2022. It includes an important case on holiday pay for gig economy workers, EAT guidance on employment status and a case considering the ability of a...more

Clark Hill PLC

“Listen In” to Allison Manswell as She Talks About Her Impactful Book on Race Relations

Clark Hill PLC on

“Listen In” to Allison Manswell as she talks with Vanessa Kelly about her impactful book on race relations: “Listen In: Crucial Conversations on Race in the Workplace,” its relevance today, and why now is the right time to...more

NAVEX

Diversity, Equity, and Inclusion: More Transparency and Accountability

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Perhaps no year has forced employers to re-examine their work environments more than 2020. While COVID-19 has thrust upon us a workplace that is physically amorphous, the Black Lives Matter movement has also created an...more

Sherman & Howard L.L.C.

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more

American Conference Institute (ACI)

[Virtual Event] Employment Practices Liability Insurance - January 26th - 28th, 10:15 am - 4:15 pm EST

29th Annual Employment Practices Liability Insurance - ACI’s 29th Annual Employment Practices Liability Insurance conference returns on January 26-28, 2021 in an interactive, virtual format! This yearly conference is the...more

U.S. Equal Employment Opportunity Commission...

Global Ministries to Pay $50,000 to Settle EEOC Retaliation Discrimination Suit

Communications Specialist Fired for Complaining About Race Discrimination, Federal Agency Charged - ATLANTA - The General Board of Global Ministries of the United Methodist Church, Inc., doing business as Global...more

McAfee & Taft

New employment discrimination standard: Comparators must be similarly-situated ‘in all material respects’

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In making disciplinary decisions, a question often posed in the human resources office is whether the disciplinary action is consistent with past discipline to other employees. The reason for this question is that disparate...more

Burr & Forman

Eleventh Circuit Finds HR Employee’s Assistance with EEOC Charge Reasonable

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In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more

Butler Snow LLP

Hospital Not Liable For Retaliatory Discharge

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A recent decision by the Court of Appeals of Tennessee, in which the employer prevailed in a retaliatory discharge claim, demonstrates the importance of (1) maintaining confidentiality of workplace investigations and (2)...more

Fox Rothschild LLP

California’s Fair Pay Act Expanded to Include Race & Ethnicity

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California’s Fair Pay Act, already the broadest in the nation, has now been expanded in two key aspects: First, the Governor approved SB 1063, so that the Fair Pay Act now protects against race-based disparities in pay. ...more

Zelle  LLP

Employment Law Navigator – Week in Review: August 2016

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Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Zelle  LLP

Employment Law Navigator – Week in Review: July 2016 #3

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The combined topics of Facebook and race were in the news last week. A Pennsylvania judge ruled that an employee’s personal Facebook page laced with race-based stereotypes could be used to impeach her in her lawsuit, which...more

Burr & Forman

1 Year Later, In Memory of Charleston AME

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Today’s current events are rife with bad news. The despicable and senseless murders at Emanuel AME Church in Charleston, South Carolina, do not end at the doors of this historical house of worship. The event, however, does...more

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