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Civil Rights Act Race Discrimination Disparate Impact

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

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An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

DCI Consulting

Job Relatedness and Adverse Impact: What's Legal and What's Not

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The concept of adverse impact under Title VII of the Civil Rights Act (Title VII) is widely misunderstood. Adverse impact occurs when a seemingly neutral employment practice disproportionately (i.e. statistically) screens out...more

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

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion...more

CDF Labor Law LLP

California Private Employers Who Engage in Diversity Efforts Should Be Paying Attention to UNC and Harvard Affirmative Action...

CDF Labor Law LLP on

In ten days, on October 31, 2022, the United States Supreme Court will hear oral arguments in two very important affirmative action education cases. In Students for Fair Admissions v. Harvard College (Harvard), the plaintiffs...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

Akerman LLP - Health Law Rx

HHS Issues Guidelines to Address Disturbing Trend of Racial Disparities in COVID-19 Testing and Treatment

Data collected during the coronavirus pandemic shows a disturbing trend of inequities in testing and treatment for COVID-19 among people of color. On July 20, 2020 the Department of Health and Human Services’ (HHS) Office for...more

BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

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A growing chorus of cities, counties, and states have passed “ban-the-box” laws that restrict when and how employers can consider an applicant’s or employee’s criminal history. Currently, thirteen states (California,...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $6 Million to Settle EEOC Class Race Discrimination Suit

Workers Found Scrawled Racial Slurs and Noose at Apple Park Construction Site, Federal Agency Charges - CUPERTINO, Calif. - A San Jose-based electrical subcontractor at the Apple Park construction project, Air Systems Inc....more

FordHarrison

Federal Court in Massachusetts Finds Race May Be an Admission Factor

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Executive Summary: The long-awaited decision from a federal judge in Massachusetts was released on September 30, 2019 finding Harvard College’s admissions policy, where in race is considered a limited factor when admitting...more

Franczek P.C.

Issues to Consider Before Implementing a “Rooney Rule” to Increase Racial Diversity in Employment

Franczek P.C. on

With recent news of a new Goldman Sachs policy requiring managers to interview two diverse candidates for any open job, there is no question that the “Rooney Rule,” first adopted by the National Football League (NFL) in 2003,...more

Ballard Spahr LLP

Employment Discrimination Class Action Filed Against CFPB

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The CFPB and its Acting Director are facing a proposed class action lawsuit alleging discrimination against minority and female workers based on allegations of lesser pay and fewer promotions than their white male...more

Troutman Pepper Locke

Championing Diversity Without Discriminating: An Employer's Dilemma

Troutman Pepper Locke on

Most employers value a diverse workforce, and many employers are required by clients or customers to have diversity initiatives and meet diversity requirements. Originally published in The HR Specialist - June 2018....more

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

Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Seyfarth Shaw LLP

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Littler

EEOC's Race Discrimination Suit Against Janitorial Company Includes Background Check Allegations

Littler on

The filing of a new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) answers the question whether, after five years of intensive scrutiny, employers can breathe a sigh of relief in terms of...more

Littler

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

Proskauer - Law and the Workplace

Class Action Stretches FCRA’s Limits to Target LinkedIn

With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees....more

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