News & Analysis as of

National Origin Discrimination

Overseas Affiliate Not Subject to Title VII Jurisdiction

Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more

Full Eleventh Circuit Declines to Revisit Meaning of Race Under Title VII

Title VII of the Civil Rights Act of 1964 prohibits race discrimination in employment, but it does not define what race means. Over the past decade, the Equal Employment Opportunity Commission has shifted its definition of...more

Key California Employment Law Cases: October 2017

by Payne & Fears on

This month’s key California employment law cases involve disability discrimination claims and procedural issues related to workers’ compensation proceedings....more

Supreme Court Resurrects Travel Ban 3.0 During Appeal

by Fisher Phillips on

The Supreme Court just permitted the president’s latest travel ban – dubbed Travel Ban 3.0 – to be fully implemented while the litigation regarding the policy proceeds through the federal appellate court system. The Court’s...more

Winner Ford to Pay $150,000 To Settle EEOC National Origin Discrimination Suit

Cherry Hill Car Dealership Paid Its Chinese Technicians Less than Non-Chinese Technicians, Federal Agency Charged - PHILADELPHIA - Chas. S. Winner, Inc., doing business as Winner Ford of Cherry Hill and Winner Ford, will...more

Correctional Officers FEHA Claims are Barred by Res Judicata for Already Adjudicated Workers’ Compensation Cases

The California Court of Appeal recently held that employees’ workers’ compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act (“FEHA”) based on the doctrine of res judicata. ...more

Potato Grower Reaches $100,000 Settlement with Justice Department for I-9 Compliance Violations

Washington Potato Company, a private grower and processor of potatoes and other vegetables, reached a $100,000 agreement on Thursday, with the United States Department of Justice (DOJ), settling claims of discrimination in...more

National Origin Discrimination: California to up the Ante

by LeClairRyan on

Remember the travel ban? The Wall? Ramped up deportations? California is moving to counter and guard against potential negative employment consequences for foreign-born workers and more. The California Department of Fair...more

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v....more

Trump’s Third Travel Ban Blocked By Federal Court

by Fisher Phillips on

For the third time this year, a federal district court has blocked a presidential travel ban from taking effect. Judge Derrick K. Watson, from the District of Hawaii, today granted a motion for a temporary restraining order...more

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

Reliable Nissan Agrees to Settle EEOC Race, Religion and National Origin Harassment Case

Minority Employees Were Subjected to Degrading Slurs and Innuendos - ALBUQUERQUE, N.M. - Reliable Inc., doing business as Reliable Nissan, along with other entities involved in operating the Albuquerque car dealership,...more

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

by Franczek Radelet P.C. on

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

by Seyfarth Shaw LLP on

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

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

EEOC Sues Pape Material Handling for Widespread National Origin Harassment

National Company Allowed Slurs and Other Offensive Conduct, Federal Agency Charge FRESNO, Calif. - Pape Material Handling, Inc., a nationwide company that sells, rents, and services forklift products, violated federal law...more

Refusal to Transfer an Employee as an Adverse Employment Action; or, How Life Imitates 1950s Movies

by Dorsey & Whitney LLP on

In the classic 1955 movie, Mister Roberts, Henry Fonda plays Doug Roberts, a frustrated Naval officer aboard a supply ship in a backwater area of the Pacific during World War II. Roberts desperately seeks a transfer to a...more

No Hablas Español… No Tiene Un Trabajo: The EEOC’s Battle Against Non-Hispanic Discrimination

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC has filed a class action against an employer on behalf of “non-Hispanic job applicants,” alleging that the employer’s practice of only hiring Spanish-speaking applicants, and policy of using...more

EEOC Sues City Sports for Race And National Origin Discrimination

Sports Fashion Chain Refused to Hire or Promote African-Americans and Hispanics Into Management Positions and Harassed Black Employees, Federal Agency Charges - CHICAGO - City Sports, a chain of sports fashion stores with...more

A Cautionary Tale That Context Matters

by Foley & Lardner LLP on

In the shifting landscape of employment law, a recent case illustrates the need to apply context and consider all the circumstances – even when it looks like a general rule applies. In this particular case, involving race and...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

Is Robert Lee A Victim Of National Origin Discrimination?

Is it national origin discrimination for your employer to remove you from a work assignment because your name is the same as that of a long-deceased Anglo-American who is currently out of favor? Robert Lee, sports...more

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

by Fisher Phillips on

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

EEOC Sues Over – Get This – “Spanish-Only” Policy

You’ve heard of “English-only” policies, but here is a new one. The Equal Employment Opportunity Commission filed suit last week against a Houston-area company for allegedly requiring applicants to be of Hispanic national...more

DOJ Settles Race And National Origin Fair Housing Act Case For $70,000

by Fox Rothschild LLP on

Earlier this month, the U.S. Department of Justice (DOJ) settled a Fair Housing Act (FHA) case filed in Massachusetts for $70,000 in which the Complainants asserted discrimination based on race and national origin. As a...more

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