News & Analysis as of

Race Discrimination Policies and Procedures

Kohrman Jackson & Krantz LLP

Ohio CAMPUS Act 2024: New Policies for Addressing Ethnic and Racial Harassment in Higher Education

This summer, the Ohio House of Representatives passed the Campus Accountability and Modernization to Protect University Students (CAMPUS) Act. This law, if enacted, would require institutions of higher education throughout...more

Foster Swift Collins & Smith

Recommendations for DEI Programs in the Wake of Recent Federal Court Decision Findings on Diversity Initiatives

On June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion...more

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

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Skadden, Arps, Slate, Meagher & Flom LLP

Corporate DEI Policies Face Scrutiny Following SCOTUS Affirmative Action Decision

The U.S. Supreme Court struck down race-based affirmative action in higher education in June 2023, effectively foreclosing the consideration of race in and of itself in that context. Although the Court’s decision was...more

Jackson Lewis P.C.

Ten DEI Steps Employers Should Consider Now

Jackson Lewis P.C. on

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its Students for Fair Admissions, Inc. decisions on June 29, 2023. The Court’s ruling directly addresses only the...more

Foley Hoag LLP

Race-Conscious Admissions: Where We Are and What's Ahead

Foley Hoag LLP on

As this academic year comes to a close, higher education institutions are waiting to see what the future holds for race-conscious admissions. As these institutions are well aware, the Supreme Court heard oral arguments in...more

Bradley Arant Boult Cummings LLP

Central Park Karen’s Discrimination Case Dismissed: Learning from Responding to Viral Videos

Can a social media firestorm be the basis for an employment decision? Although it may seem like a lifetime ago, in the spring of 2020, the internet’s attention turned to a viral video of a white woman in Central Park who...more

Manatt, Phelps & Phillips, LLP

Racism and Racial Inequities in Health

Editor’s Note: In a new primer developed for the Blue Cross Blue Shield of Massachusetts Foundation, Manatt Health creates a foundational resource to broaden the collective understanding of racial and ethnic health inequities...more

Fisher Phillips

5 Employer Takeaways as Nevada Law Expanded to Include Protection for Natural Hairstyles

Fisher Phillips on

Nevada has just joined the ranks of several other states that have recently enacted laws prohibiting discrimination in workplace and educational settings based on traits frequently associated with race such as hair texture...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

Jackson Lewis P.C. on

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

Constangy, Brooks, Smith & Prophete, LLP

"Notorious Nine" Mistakes By Employers In Dealing With The EEOC - March 2021

There's a new sheriff in town . . . . . . so y'all better straighten up. You probably know by now that the Biden Administration fired Sharon Fast Gustafson, the Trump-appointed General Counsel of the Equal Employment...more

Fox Rothschild LLP

Colorado’s CROWN Act Bans Natural Hair Discrimination

Fox Rothschild LLP on

Earlier this year, Colorado joined a growing list of states that have banned natural hair discrimination. Colorado’s CROWN Act (Creating a Respectful and Open World for Natural Hair Act) went into effect on September 14,...more

Perkins Coie

Oregon Workplace Fairness Act: What Employers Need to Know

Perkins Coie on

The major elements of Oregon’s Workplace Fairness Act (OWFA) come into effect on October 1, 2020. Employers should review their workplace discrimination and harassment policies, employment agreements, and settlement...more

Verrill

Support for the Black Lives Matter Movement: Include Hair Style and Texture In Anti-Discrimination Policies

Verrill on

This is the sixth post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on the importance of updating grooming/personal...more

Verrill

Support for the Black Lives Matter Movement: Third-Party Intervention Training

Verrill on

This is the fifth post in a 12-part series on how companies can show support for the Black Lives Matter movement by changing company policies and practices. This post focuses on the importance of third-party intervention...more

Verrill

Supporting the Black Lives Matter Movement: Update EEOC Policies (Part 2 of 12)

Verrill on

This is the second post in a 12-part series on how companies can show true support for the Black Lives Matter movement by changing company policies and practices. The focus of this post is to understand the role that a...more

Proskauer - Law and the Workplace

Creation of Fake Online Accounts to Study Algorithmic Bias Does Not Violate the Computer Fraud and Abuse Act, D.C. Court Rules

A federal judge recently held that researchers who violate a website’s terms of service by creating fake online accounts in order to study algorithmic bias in artificial intelligence software do not violate the Computer Fraud...more

Franczek P.C.

Coronavirus, Fear, and Racial Harassment: OCR Warns Educational Institutions It Is Watching

Franczek P.C. on

The U.S. Department of Education’s Office for Civil Rights (OCR) issued a statement yesterday reminding schools, colleges, and universities of their responsibilities to address discrimination and harassment based on race and...more

Franczek P.C.

On the Basis of Hair: What Employers Should Know Now About Hairstyle Discrimination

Franczek P.C. on

Employers across the country are on watch after a recent flurry of news about hairstyle discrimination. Earlier this year, a black news anchor in Jackson, Mississippi, alleged she was fired after wearing “unprofessional”...more

Franczek P.C.

Nightmare on Your Street? How to Respond to Controversial Costumes in School

Franczek P.C. on

You’ve probably heard that Megyn Kelly is out at NBC for making comments about white people wearing blackface at Halloween. And just a few days ago, a first grade Iowa teacher, Megan Luloff, came under investigation from her...more

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Dorsey & Whitney LLP

Five Surprising Facts About the Inclusive Communities Case

Dorsey & Whitney LLP on

In the Supreme Court’s recent, landmark decision in Texas Department of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. ___, 2015 WL 2473449 (Jun. 25, 2015), the Court held that, while disparate...more

Hinshaw & Culbertson LLP

Delivery Driver Loses Harassment Claim for Failing to Follow Complaint Procedure

It's important for employees to follow company policy, but it's even more important for employers to have those policies in the first place. In this case, the Fifth Circuit dealt a harsh blow to an employee who complained,...more

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