News & Analysis as of

Disparate Treatment Title VII Hiring & Firing

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

Conn Maciel Carey LLP

[Webinar] The Latest in Employment Discrimination Laws - December 12th, 1:00 pm EST

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Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more

Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

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On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Seyfarth Shaw LLP

Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

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Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of...more

McAfee & Taft

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

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On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...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

Fisher Phillips

Appeals Court Rejects Retaliation Claim Based On Religious Accommodation Request

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In a case of first impression, a federal appeals court just found that an applicant’s request for a religious accommodation did not constitute protected activity under Title VII for the purpose of establishing a retaliation...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Prewitt Enterprises and Desoto Marine for Race Discrimination

Mississippi Construction and Salvage Companies' Managers and Supervisors Continuously Subjected Black Employees to Racially Hostile Work Environment, Federal Agency Charges - MEMPHIS - Prewitt Enterprises, Inc., doing...more

U.S. Equal Employment Opportunity Commission...

Big 5 To Pay $165,000 To Settle EEOC Race Discrimination Lawsuit

Sporting Goods Retailer Subjected Management Trainee to Racial Slurs and Death Threats, Federal Agency Charged - SEATTLE - Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Metairie Dry Cleaner for Discrimination and Retaliation

Marion's Cleaners Fired Hispanic Employee for Opposing Verbal and Physical Abuse Based on Her Race and National Origin, Agency Says - NEW ORLEANS - New Orleans-based Mariam Enterprises, doing business as Marion's Cleaners...more

U.S. Equal Employment Opportunity Commission...

Koch Foods Settles EEOC Harassment, National Origin And Race Bias Suit

Poultry Supplier Pays $3.75 Million to Class of Hispanic Workers - BIRMINGHAM, Ala. - Koch Foods, one of the largest poultry suppliers in the world, will pay $3,750,000 and furnish other relief to settle a class...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lafayette Schools’ Federal Credit Union for Retaliation

Credit Union Fired a Branch Manager the Day After She Opposed Its Use of a Racially Offensive Video During a Training Session, Agency Says - NEW ORLEANS - Lafayette Schools' Federal Credit Union unlawfully fired its only...more

Seyfarth Shaw LLP

School Scores Summary Judgment Win In ADEA Collective Action

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Synopsis: In an ADEA collective action alleging that a community college discriminated on the basis of age when it announced it would no longer employ any person receiving an annuity from the State Universities Retirement...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

Seyfarth Shaw LLP

Refusal to Rescind Employee’s Resignation Not an Adverse Employment Action

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Seyfarth Synopsis: The California Court of Appeal has held that an employer’s refusal to honor an employee’s rescission of a voluntary resignation is not an adverse employment action under the Fair Employment and Housing Act....more

Parker Poe Adams & Bernstein LLP

Termination for Refusal to Cut Dreadlocks Not Race Discrimination

In recent years, the Equal Employment Opportunity Commission has attempted to expand the definition of race under Title VII. The agency takes the position that race includes cultural characteristics and individual expressions...more

Seyfarth Shaw LLP

Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics

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Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more

Bradley Arant Boult Cummings LLP

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Seyfarth Shaw LLP

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

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In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Proskauer - Law and the Workplace

Latest EEOC Discrimination Suit Targets Employment Exam

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

Lewitt Hackman

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

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Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Fenwick & West LLP

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation

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Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more

McGuireWoods LLP

Supreme Court Holds Employers Must Make Religious Accommodations Even Without Actual Knowledge of Need for Accommodation

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Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from, among other things, refusing to hire an applicant because of his or her religion or religious practice. As a general rule, employers must...more

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