Employment Litigation, Hostile Environment, Race Discrimination

Employers See Wins in Title VII Suits Over DEI Trainings

Perkins Coie on 5/19/2025

Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

What Is Illegal DEI? Employers and Workers Are Still Looking for Answers

Zuckerman Spaeder LLP on 4/10/2025

Five years ago, companies were eager to adopt diversity, equity, and inclusion (DEI) programs. Now, the pendulum has swung in the other direction. DEI programs are under attack, and employers are trying to figure out what...more

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

CDF Labor Law LLP on 3/7/2025

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

Fourth Circuit Says Failure to Follow Policies Prevents Early Dismissal of Discrimination Claims

Parker Poe Adams & Bernstein LLP on 1/31/2025

Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

Shook, Hardy & Bacon L.L.P. on 9/24/2024

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

EEOC Sues Three Employers for Workplace Harassment

U.S. Equal Employment Opportunity Commission... on 9/6/2024

Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory...more

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/6/2024

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

Littler Lightbulb: July Appellate Roundup

Littler on 8/5/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Single Use of Racial Slur May Constitute Harassment

Seyfarth Shaw LLP on 8/2/2024

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

Employers Offering DEI Training Need To Monitor Both Pro- and Anti-DEI Court Challenges and Legislative Proposals

Skadden, Arps, Slate, Meagher & Flom LLP on 3/28/2024

The U.S. Supreme Court’s June 2023 decision declaring the consideration of race in university admissions unconstitutional has had a significant impact on diversity, equity and inclusion (DEI) initiatives....more

DEI Training Videos Did Not Create Hostile Work Environment

Parker Poe Adams & Bernstein LLP on 3/15/2024

Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

Staffing Agency Employee Considered a School District Employee for Title VII Claim

Tucker Arensberg, P.C. on 3/14/2024

In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more

Littler Lightbulb: February Appellate Roundup

Littler on 3/7/2024

This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

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

Parker Poe Adams & Bernstein LLP on 2/9/2024

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

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

Parker Poe Adams & Bernstein LLP on 8/25/2023

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

Taos Hotel Formerly Known as Whitten Inn and its Successor Settle EEOC Race and National Origin Harassment Suit

U.S. Equal Employment Opportunity Commission... on 6/28/2023

Former Owner of Whitten Hotel Accused of Racist Behavior, Federal Agency Charges - ALBUQUERQUE, N.M. – Roark-Whitten Hospitality 2, LP, doing business as the Whitten Inn, and its successor purchaser of the hotel SGI, LLC,...more

Alden Short and Hinson Jennings to Pay $85,000 to Settle EEOC National Origin Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 4/10/2023

Property Management Company Settles Federal Charges of Harassing Three Hispanic Employees - DALLAS – Alden Short and Hinson Jennings, a Dallas-based property management company, will pay $85,000 and furnish other relief to...more

Fourth Circuit Holds ‘Series of Hateful Workplace Encounters’ Based on Race Can Create Hostile Working Environment Under Title VII

Miles & Stockbridge P.C. on 1/9/2023

The U.S. Court of Appeals for the Fourth Circuit has expanded its view of what a hostile work environment looks like and lowered the bar in terms of what a plaintiff must show to sufficiently allege a race-based hostile work...more

Fourth Circuit Says Infrequent but Repeated Comments Can Create a Hostile Working Environment Based on Race

Parker Poe Adams & Bernstein LLP on 12/2/2022

Long-time EmployNews readers know that we have repeatedly written about the changing legal standard for racial harassment claims adopted by the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina,...more

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

Parker Poe Adams & Bernstein LLP on 9/6/2022

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

Fifth Circuit Finds Specific Allegation of One-Time Use of Racial Slur Sufficient to Preclude Dismissal Under Rule 12(b)(6)

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/22/2022

On March 24, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed a district court’s Federal Rule of Civil Procedure 12(b)(6) dismissal for failure to state a claim on a pro se plaintiff’s hostile work environment...more

Employment Litigation › Hostile Environment › Race Discrimination