News & Analysis as of

Race Relations Employer Liability Issues

Manatt, Phelps & Phillips, LLP

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more

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

EEOC Publishes Long-Awaited Final Guidance on Workplace Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer...more

Proskauer - Labor Relations Update

It’s Protected: NLRB Finds “Black Lives Matter” Insignia on Employee Uniform Constitutes Protected Activity Under Circumstances

The National Labor Relations Board (“NLRB”), in a 3-1 decision, held that an employee’s display on their work uniform of “BLM,” an acronym for Black Lives Matter, constituted protected concerted activity under Section 7 of...more

Jenner & Block

Client Alert: The Supreme Court Strikes Down Race-Conscious Admissions Programs: Key Takeaways for Higher Education and Corporate...

Jenner & Block on

On June 29, 2023, the Supreme Court issued its decision in Students for Fair Admissions (SFFA) v. President & Fellows of Harvard College and SFFA v. University of North Carolina. In a 6-3 decision[1] authored by Chief Justice...more

Verrill

DEI Efforts in the Wake of the Supreme Court’s College Admissions Decision

Verrill on

Last week the United States Supreme Court issued a 6-3 decision ending a four-decade precedent which had allowed universities and colleges to consider the race of applicants during the admissions process. What, if anything,...more

FordHarrison

Taking a Stand against Antisemitism - What Can Employers Do?

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It is no secret that antisemitism is on the rise throughout the United States. The Anti-Defamation League’s (ADL’s) 2021 Survey on Jewish Americans’ Experience with Antisemitism found that in the last five years, 63 percent...more

Butler Snow LLP

Juneteenth: America’s “Newest” Holiday

Butler Snow LLP on

Holidays are a reflection of our collective values. As a society, we hope they signal what—and sometimes whom—we as a nation should commemorate. Last summer, we observed Juneteenth for the first time, collectively recognizing...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 4

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. However, those bygone times have been replaced by a modern...more

Sands Anderson PC

How Lawyers Can Help Employers Meet Their Diversity, Equity, and Inclusion Goals

Sands Anderson PC on

In the wake of George Floyd’s death last year, a summer of protests against systemic racism, and a focus on violence against the Asian-American community, employers everywhere are working hard to address the systemic racism...more

Jackson Lewis P.C.

Creating Solutions To Racism Problem In Construction Industry

Jackson Lewis P.C. on

In 2020 alone, there were nearly 20 highly publicized incidents of flagrant racism on construction jobsites throughout North America, ranging from workers of color finding nooses hung in the workplace to racist graffiti. Many...more

Cohen Seglias Pallas Greenhall & Furman PC

Handling Allegations of Racism in the Workplace—Would Your Company Have Done Better Than the Palace?

Oprah Winfrey’s primetime television interview with the Duke and Duchess of Sussex, Prince Harry and Meghan Markle, revealed deep issues within the workings of a historic institution, one we only read about in books or watch...more

Littler

Workplace Violence Prevention Strategies in a Time of Political and Social Unrest

Littler on

Tensions appear to be running hot across the nation during this polarized election season and time of political and social unrest.  Concerns around racial injustices, police reform, responses to and mitigation of the spread...more

Pullman & Comley - Labor, Employment and...

Don’t Hand Off the Handbook: Why Employers Must Prioritize Updating Workplace Policies

As most employers know firsthand, the host of complicated rules and regulations related to the COVID-19 pandemic has created unique challenges in recent months. ...more

Seyfarth Shaw LLP

National “Strike For Black Lives” Planned For Monday, July 20, 2020

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Seyfarth Synopsis: This is to briefly alert all employers that there is an upcoming nationwide strike planned for next Monday, July 20, 2020. It is being referred to as the “Strike for Black Lives”, and has been organized by...more

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

Social Media Posts During Turbulent Times: FAQs on Employee Rights and Employer Responsibilities

Many people have commented on social media regarding the anti-racist movement that has been gaining strength in the wake of police officers killings around the country. Unfortunately, some of these posts are inflammatory,...more

Seyfarth Shaw LLP

Considerations for Employers Returning To Work Amidst Social Unrest and COVID-19

Seyfarth Shaw LLP on

Seyfarth Synopsis: In light of recent events, the Employment Law Lookout Blog provides some reflection and thought on returning to work in uncertain times....more

Robins Kaplan LLP

Financial Daily Dose 6.15.2020 | Top Story: Reopening-Related COVID Surge Pauses Recent Market Rally

Robins Kaplan LLP on

Rising infection rates around the U.S. and the globe are worrying markets, as fear of a second wave of cases linked with the reopening of the economy freaks out traders....more

FordHarrison

Employers' Response to Racial Unrest

FordHarrison on

The global response to George Floyd’s tragic and shocking death and other recent acts of injustice, including those involving Ahmaud Arbery, Christian Cooper, Breonna Taylor, and Nina Pop, among others, and ensuing protests...more

FordHarrison

Can You Fire an Employee Involved in Racist Protests? Should You?

FordHarrison on

Following recent events in Charlottesville, Virginia involving a “Unite the Right” rally organized by multiple white nationalist groups protesting the removal of a statue of Robert E. Lee, which turned violent and ended in...more

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