News & Analysis as of

National Origin Discrimination Employer Liability Issues Employment Litigation

Fisher Phillips

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

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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

Littler

Littler Lightbulb: April Appellate Roundup

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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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Reverses Dismissal of Age Discrimination Claim by Recent Hire

The "Same Actor Inference" is a legal principle that recognizes the logical gap when an employee alleges that they were terminated based on membership in a protected classification, by a manager who recently hired them with...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

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

U.S. Equal Employment Opportunity Commission...

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

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

Epstein Becker & Green

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

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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

Miles & Stockbridge P.C.

California Federal Court Reaffirms Standard for Establishing Commonality in Rule 23 Certification Under Title VII

On March 9, 2021, the United States District Court, Northern District of California issued a ruling in Handloser v. HCL Technologies Ltd., 19-cv-01242-LKH, 2021 WL 879802 (Mar. 9, 2021), applying the 2011 Supreme Court...more

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

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after...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

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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

Fisher Phillips

Another COVID-19 Litigation Hazard: Essential Employer Sued For Not Allowing Work From Home

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An engineer terminated for job abandonment just sued his former employer for not allowing him to work from home due to the COVID-19 pandemic. According to his complaint, Yiyu Lin, a 55-year-old Chinese-American engineer with...more

Best Best & Krieger LLP

Doing Business in 2020: Courts Tackle Employment Law

Part 2: New Employment-Related Court Decisions Impacting California’s Public and Private Entities - California and federal courts handed down a number of labor and employment-related decisions last year, impacting...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

Troutman Pepper Locke

Comments on Social Media about an Employee’s National Origin Could Lead to Allegations of Discrimination

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Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?...more

Butler Snow LLP

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

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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

Cozen O'Connor

Is It Illegal To Consider A Foreign Accent When Evaluating Candidates For a Customer-Service Job?

Cozen O'Connor on

Yes, unless the candidate’s language skills would clearly interfere with their ability to do the job. Amidst all of the current controversy concerning immigration in the United States, the experience of immigrants in the...more

Constangy, Brooks, Smith & Prophete, LLP

"Accent Bias" Plus Ethnic Hostility Can Be Constructive Discharge

"New sheriff" gets employer in trouble. Employers who have departments or units that need to be cleaned up should beware of the “new sheriff in town” who can make things worse than they were before. One rogue supervisor...more

Genova Burns LLC

Recent Appellate Division Decision Reminds Employers of the Rewards of Diligence

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The New Jersey Appellate Division’s recent decision in Aryee v. Newark Beth Israel Medical Center on February 20, 2019 demonstrates that even in an increasingly pro-employee environment, employers can prevail in...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

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

Massachusetts Supreme Judicial Court Holds Denial of Lateral Transfer May Constitute Adverse Employment Action

On January 29, 2019, the Massachusetts Supreme Judicial Court issued a decision that addressed for the first time whether an employer’s failure to grant an employee’s lateral transfer request could support an employment...more

Fisher Phillips

November 2018: The Top 12 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

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

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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

Burr & Forman

Eleventh Circuit Finds HR Employee’s Assistance with EEOC Charge Reasonable

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In late September, the Eleventh Circuit reversed a grant of summary judgment for Kia Motors Manufacturing of Georgia, Inc. on race and national origin retaliation claims brought by one of its HR managers. In the split...more

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