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Corporate Counsel Race Discrimination Employer Liability Issues

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

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Fisher Phillips

Job Applicant Seeks to Expand AI Workplace Screener Lawsuit into a National Class Action: Should Employers and AI Developers Be...

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A frustrated job applicant who won court approval to advance his employment discrimination lawsuit against an AI-based vendor is now looking to ratchet up the pressure and expand his claim into a national class action. His...more

Fisher Phillips

New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring

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A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. The University of Washington...more

Constangy, Brooks, Smith & Prophete, LLP

Federal court dismisses one of first post-SFFA lawsuits alleging “reverse” discrimination

Spoiler alert: DEI policy wasn't enough to establish discrimination. Five journalists who were formerly employed with Gannett Co., Inc., alleged that the media company’s diversity policies resulted in “reverse”...more

Fisher Phillips

AI Workplace Screener Faces Bias Lawsuit: 5 Lessons for Employers and 5 Lessons for AI Developers

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A California federal court just allowed a frustrated job applicant to proceed with an employment discrimination lawsuit against an AI-based vendor after more than 100 employers that use the vendor’s screening tools rejected...more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Seyfarth Shaw LLP

White Employee Fired Amidst Corporate Diversity Initiative Wins Discrimination Claim But Loses Multi-Million Dollar Punitive...

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Plaintiff, a white man, was a strong performer in his role before he was fired and replaced by three women, two of whom were racial minorities, amid a Diversity and Inclusion initiative that included a call to restructure the...more

Littler

Foreign Language Business Meetings Not Unlawful Discrimination, Court Finds

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In a recent decision, a New York federal court rejected a former employee’s claims that permitting employees to speak only Japanese in business meetings, where individuals who do not speak Japanese are present and are without...more

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

Littler

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

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The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Bond Schoeneck & King PLLC

Second Circuit Clarifies Federal Law on Employment Retaliation Claims

In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal law standard for evaluating retaliation claims under the principal...more

Fisher Phillips

Labor Board Signals Continued Expansion of Employee Rights: Your Questions Answered

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A recent Advice Memo issued by the Office of the General Counsel of the National Labor Relations Board (NLRB) provides all employers – union and non-union alike – with yet another warning that more of your employment...more

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

Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases

On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Racial Slur From Owner's Six-Year-Old Son is Evidence of Offensive Working Environment

​​​​​​​Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more

Seyfarth Shaw LLP

Seventh Circuit Rejects University Lecturer’s Title VII Failure to Promote, Unequal Pay Claims

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Seyfarth Synopsis: On April 14, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed summary judgment in the employer’s favor on Title VII race discrimination claims filed by an Indiana University lecturer. In...more

Proskauer - California Employment Law

Judge Reduces $137 Million Race Harassment Verdict Against Tesla to $15 Million

A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. On April 13, 2022, the judge granted Tesla’s motion for a reduction in the amount of damages in part...more

FordHarrison

Illinois Legislature Passes CROWN Act to Protect against Hair Discrimination in Employment and Other Areas

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On April 9, 2022, the Illinois Senate passed House Amendment 1 to SB 3616, joining the Illinois House, in unanimously passing legislation referred to as the CROWN (Create a Respectful and Open Workplace for Natural Hair) Act....more

McAfee & Taft

Buying a business? Don’t buy an employment lawsuit

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When acquiring a business, companies sometimes unwittingly buy an employment lawsuit. Recently, the 10th Circuit – the federal appeals court that applies to Oklahoma employers – explained when a successor business can be held...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Agrees That One Use of the "N-Word" Can Create a Racially Hostile Work Environment

Over the past decade, a growing number of federal appellate circuits have heard cases asking whether a single use of a racially offensive epithet is enough to clear the bar for a hostile environment racial harassment claim...more

FordHarrison

Second Circuit Clarifies Factors to be Considered in Pleading a Joint Employer Relationship for Title VII Liability

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Executive Summary: On March 7, 2022, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) addressed the question of what a Title VII plaintiff must claim to adequately plead the...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

Poyner Spruill LLP

EEOC Announces Two Recent Settlements of Title VII Race Lawsuits

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The Equal Employment Opportunity Commission (EEOC) recently announced two high-profile settlements of race claims – one for discrimination and one for harassment – that highlight the dangers of employers failing to protect...more

Littler

$10 Million “Reverse” Race & Gender Discrimination Verdict Gives DE&I Programs a Halloween Fright

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For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their...more

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