News & Analysis as of

National Origin Discrimination Employer Liability Issues Employment Discrimination

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Tucker Arensberg, P.C.

Individual Liability in Employment: Are You in Hot Water?

Tucker Arensberg, P.C. on

What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...more

Littler

Ontario, Canada Human Rights Commission Publishes Policy on Caste-based Discrimination

Littler on

The Ontario Human Rights Commission recently published a policy statement (Policy) pertaining to “caste-based discrimination” under Ontario’s Human Rights Code (Code). The Policy advises organizations that they have a legal...more

Spilman Thomas & Battle, PLLC

Groff v. DeJoy and Its Impact on Religious Accommodation

Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more

Laner Muchin, Ltd.

EEOC Proposes Workplace Harassment Guidance: What Employers Should Know

Laner Muchin, Ltd. on

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance...more

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

‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)....more

Parker Poe Adams & Bernstein LLP

Would Your HR Staff Recognize Lesser-Known Biases That Can Lead to Discrimination Claims?

Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more

Littler

Hands Off My CROWN! What Employers Should Know About the Rise of Hair Discrimination Laws

Littler on

On March 18, 2022, the U.S. House of Representatives passed the Creating a Respectful and Open World for Natural Hair (CROWN) Act. The CROWN Act would prohibit workplace discrimination based on a person’s hair texture or...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Enforcement Uptick, New York Limits Private Confidential Settlements, Anti-Harassment Training for...

Epstein Becker & Green on

This week, we focus on what can be learned from the Equal Opportunity Employment Commission’s (EEOC’s) fiscal year (FY) 2021 filings as employers continue to navigate COVID-19 in the months ahead. EEOC: Back in Enforcement...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

Fisher Phillips

Emerging Trends In COVID-19 Workplace Litigation

Fisher Phillips on

As of this writing, employees from across the country have filed more than 430 COVID-19-related lawsuits against their employers and former employers. Not all of these claims have focused on the Family First Coronavirus...more

FordHarrison

Dress Code Tips Inspired by JLo and Shakira’s Halftime Performance

FordHarrison on

Is it just me, or has JLo and Shakira’s halftime performance at the Super Bowl received more attention than the game itself? As with so many other issues these days, we are a country divided. Some believe the performance was...more

Butler Snow LLP

EEOC FY 2019 Statistics Released: Charges of Discrimination are at an All-Time Low But the Percentage of Retaliation Charges...

Butler Snow LLP on

There are a few surprises in the enforcement and litigation statistics for FY 2019 released by the Equal Employment Opportunity Commission (“EEOC”). The EEOC’s data shows that there were only 72,675 charges of discrimination...more

Parker Poe Adams & Bernstein LLP

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

U.S. Equal Employment Opportunity Commission...

La Cantera Resort and Spa to Pay Over $2.5 Million to Settle EEOC National Origin Discrimination Suit

Resort implemented strict rules forbidding Spanish and retaliated against workers when they complained, Federal Agency Says - SAN ANTONIO, Texas - The former operators of the La Cantera Resort and Spa have agreed to pay...more

Epstein Becker & Green

NYCCHR Issues Guidance on Discrimination Based on Immigration Status and National Origin

Epstein Becker & Green on

The New York City Commission on Human Rights (“the Commission”) published a legal enforcement guidance (“Guidance”) clarifying its standards with respect to discrimination based on actual or perceived immigration status and...more

BakerHostetler

Ahead of 2020 Election, New York City Issues Enforcement Guidance on National Origin and Immigration Status Discrimination

BakerHostetler on

Immigration has been at the forefront of news reports and court cases recently, and has already proven to be a hot button issue for the 2020 election candidates to debate....more

Seyfarth Shaw LLP

Bill Expanding NYC Human Rights Law to Protect Independent Contractors and Freelancers Becomes Law

Seyfarth Shaw LLP on

Seyfarth Synopsis: Once effective, the anti-discrimination and retaliation provisions of the NYC Human Rights Law will apply to freelancers and independent contractors. In addition, independent contractors and employed family...more

Seyfarth Shaw LLP

NYC Commission Issues Guidance On Immigration and National Origin Discrimination; Expansion of Law to Cover Independent...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York City Commission on Human Rights released guidance clarifying the New York City Human Rights Law’s restriction on discriminating against applicants and workers on the basis of actual or...more

Jackson Lewis P.C.

New York City Issues New Enforcement Guidance On Discrimination Based On National Origin, Immigrant Status

Jackson Lewis P.C. on

Continuing its pattern of issuing enforcement guidance on areas on which it focuses, the New York City Commission on Human Rights has released guidance reiterating the obligations of most employers, housing providers, and...more

Butler Snow LLP

'Go Back to Where You Came From': Employer Liability When Workers Say Xenophobic Things

Butler Snow LLP on

President Donald Trump’s recent Tweet suggesting that four Democratic congresswomen should “go back and help fix the totally broken and crime infested places from which they came” has sparked robust debate across the country....more

Vedder Price

Navigating Export Compliance and Anti-Discrimination: What DOJ’s Recent Settlement with Honda Aircraft Teaches Us

Vedder Price on

The Department of Justice (DOJ) recently reached a settlement with Honda Aircraft Company, LLC (Honda Aircraft) resolving a claim that Honda Aircraft violated the Immigration and Nationality Act’s (INA) anti-discrimination...more

Dickinson Wright

Avoiding Claims of Citizenship and National Origin Discrimination When Interviewing, Hiring, and Onboarding Foreign Workers

Dickinson Wright on

It is illegal to discriminate on the basis of citizenship or national origin in recruiting, hiring, onboarding, or employing workers. Title VII of the Civil Rights Act of 1964 (“Title VII”) as well as the Immigration Reform...more

Seyfarth Shaw LLP

Five Interview Question Don’ts For California Employers in 2019

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recent California legislation, including laws banning questions about salary history and criminal convictions, has bought new interview jitters for employers. ...more

Fisher Phillips

Top 10 Non-Monetary Terms In Uber’s $10M Discrimination Settlement

Fisher Phillips on

Sure, the monetary portion of the settlement—$10 million to a class of approximately 400 Uber software engineers and over $2.6M in attorneys’ fees—is pretty eye-opening. But perhaps the more significant part of the settlement...more

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