News & Analysis as of

Disparate Treatment Race Discrimination

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

Poyner Spruill LLP on

Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Polsinelli

EEOC Guidance on DEI-Related Discrimination in the Workplace

Polsinelli on

On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related...more

DCI Consulting

EEOC Sends Letters to Law Firms Requesting Information on DEI Practices

DCI Consulting on

On March 17, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas sent letters to 20 law firms, requesting information about their diversity, equity, and inclusion (DEI) related employment...more

CDF Labor Law LLP

Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

CDF Labor Law LLP on

In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more

Schwabe, Williamson & Wyatt PC

‎90-Day Stay Requested in Mid-America Milling Co. v. U.S. DOT

The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more

Troutman Pepper Locke

CFPB Releases Study on Differential Treatment of Black and White Small Business Owners Seeking Loans

Troutman Pepper Locke on

On November 13, the Consumer Financial Protection Bureau (CFPB or Bureau) released a pilot study titled “Matched-Pair Testing in Small Business Lending Markets” highlighting what the CFPB believes were two statistically...more

Patrick Malone & Associates P.C. | DC Injury...

Better Health Care Newsletter - November 2023

We can all agree that health and wellness should be equal opportunity goals for all Americans, and your skin color shouldn’t matter. But it does. The health numbers for Blacks, Latinos and Asian Americans are so...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Sets High Bar for Politically and Racially Disparaging Comments to Support Harassment Claim

As the U.S. becomes more politically divided, employers increasingly are forced to deal with political and social disputes among employees. Last week in Yelling v. St. Vincent’s Health System, the Eleventh Circuit Court of...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

DCI Consulting on

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...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

Sheppard Mullin Richter & Hampton LLP

FTC Imposes Record-Setting $10M Fine Against Multistate Auto Dealer, Settling Charges of Racial Discrimination and Unauthorized...

On March 31, the FTC and Illinois State Attorney General announced a settlement of charges against a large, multistate auto dealer that allegedly discriminated against black consumers and included illegal junk fees for...more

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

Common Reasons for Flagged Pay Differences

Some employers have a practice of periodically conducting statistical analyses of employee compensation, under attorney-client privilege, to identify potential areas of risk related to pay equity concerns. These analyses are...more

Franczek P.C.

OCR Issues Request for Information Regarding Nondiscriminatory Administration of School Discipline

Franczek P.C. on

Recently, the U.S. Department of Education’s Office for Civil Rights (“OCR”) issued a Request for Information that asks members of the public to submit written comments regarding the administration of school discipline in...more

Health Care Compliance Association (HCCA)

To Combat Racism, NIH Advised to Require Annual Data, Issue Institutional ‘Report Card’

Report on Research Compliance 18, no. 4 (April 2021) - Following social injustice protests over police brutality against Black people and the health disparities accelerated by the COVID-19 pandemic, an advisory committee...more

Bilzin Sumberg

Black Franchisees Not Lovin’ It In Ongoing Dispute With McDonald’s Over System Practices

Bilzin Sumberg on

Washington v. McDonald’s USA, LLC, No. 4:21-cv-00367 (N.D. Ohio Feb. 16, 2021) — Herbert Washington, once one of McDonald’s largest Black franchisee owners, filed suit in the District Court for the Northern District of Ohio...more

Bradley Arant Boult Cummings LLP

HUD Issues Final Rule Redefining the Standard for Fair Housing Disparate Impact Discrimination Claims

On Sept. 3, the U.S. Department of Housing and Urban Development (HUD) issued its final rule on the implementation of the Fair Housing Act’s disparate impact standard. The Fair Housing Act (FHA) prohibits discrimination in...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Rules Plaintiffs Must Use More Than National Criminal Statistics to Prove Racial Discrimination

According to U.S. Department of Justice statistics, Black men in the U.S. are more likely to be arrested and have criminal convictions on their records than their white counterparts. Last week, a split Second Circuit Court of...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

Hudson Cook, LLP

FTC Nails Bronx Honda and General Manager for Discrimination and Deception

Hudson Cook, LLP on

The Federal Trade Commission made a big splash in late May when it announced a whopping $1.5 million settlement with Liberty Chevrolet, d/b/a Bronx Honda, and its general manager, Carlo Fittanto. Bronx Honda and Fittanto were...more

Polsinelli

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019.  The guide follows a flurry of OFCCP...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Two Race Discrimination Claims Failed to Allege Sufficiently Hostile Work Conditions

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has lowered the bar for plaintiffs to take racial harassment claims to a jury trial when the alleged conduct involved use...more

Jackson Lewis P.C.

Personal Anecdotes And Perceived Disparity In The Workplace Insufficient To Certify A Class Action

Jackson Lewis P.C. on

A federal judge in Kentucky recently ruled that anecdotal accounts alone cannot support a class claim of discrimination without “substantial statistical evidence of company-wide discrimination.” Freeman v. Delta Air Lines,...more

U.S. Equal Employment Opportunity Commission...

Maritime Autowash Will Pay $300,000 in EEOC Race and National Origin Discrimination Case

BALTIMORE - Maritime Autowash (later known as Phase 2 Invest­ments, Inc.) will pay $300,000 in monetary relief and furnish equitable relief to settle a federal race and national origin dis­crimination lawsuit filed by the...more

U.S. Equal Employment Opportunity Commission...

MPW Industrial Services to Pay $170,000 To Settle EEOC Race Discrimination Lawsuit

Two Employees Racially Harassed at Work, Federal Agency Charged - LOUISVILLE, Ky. -- MPW Industrial Services, Inc., a Hebron, Ohio industrial cleaning company, will pay $170,0000 to settle a race discrimination lawsuit...more

U.S. Equal Employment Opportunity Commission...

Floyd’s Equipment to Pay $25,000 To Settle EEOC Racial Discrimination and Retaliation Lawsuit

Missouri Contractor Transferred and Then Fired Employee for Complaining About Racial Slurs, Federal Agency Charged - ST. LOUIS -- Floyd's Equipment Inc., a Sikeston, Mo. contractor, has agreed to pay $25,000 and furnish...more

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