News & Analysis as of

National Origin Discrimination Title VII Corporate Counsel

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

EEOC’s Focus on Protecting American Workers From National Origin Discrimination Tees Up Potential Increase in Similar DOJ...

The Trump administration’s focus on combating illegal immigration is now impacting the U.S. Equal Employment Opportunity Commission’s (EEOC) and potentially the U.S. Department of Justice’s (DOJ) focus on enforcing...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

Seyfarth Shaw LLP

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

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A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Manager's Alleged Fear of 'Voodoo Curses' Constituted Race Discrimination

The legal line between race and national origin discrimination claims continues to fade as federal courts take an increasingly expansive definition of the term “race.” Last month in an unpublished decision, the Fourth Circuit...more

Franczek P.C.

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Seyfarth Shaw LLP

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

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Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

McAfee & Taft

Best practices for employers under the EEOC’s new strategic enforcement plan

McAfee & Taft on

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

Jackson Lewis P.C.

Second Circuit Holds “Hispanic” Is a Race Under Section 1981 and Title VII

Jackson Lewis P.C. on

On February 16, 2016, the Second Circuit issued an opinion holding that “Hispanic” is a race for the purposes of both Section 1981 and Title VII. Village of Freeport v. Barrella, 814 F.3d 594 (2d Cir. 2016). Judge José A....more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Seyfarth Shaw LLP

2016’s Top 5 Most Intriguing Developments In EEOC-Initiated Litigation (And A Preview Of Our Annual EEOC Litigation Report)

Seyfarth Shaw LLP on

We are once again pleased to offer our loyal readers our annual analysis of the five most intriguing developments in EEOC litigation in 2016, along with a pre-publication preview of our annual report on developments and...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Weintraub Tobin

EEOC Issues Proposed Guidance On National Origin Discrimination

Weintraub Tobin on

On June 2, 2016, the Equal Employment Opportunity Commission (“EEOC”) released a proposed guidance on national origin discrimination under Title VII, and is seeking public input. Title VII prohibits employment discrimination...more

Constangy, Brooks, Smith & Prophete, LLP

25 Quick Takes (No Kidding!) On The EEOC’s Proposed National Origin Guidance

These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document...more

Seyfarth Shaw LLP

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

Seyfarth Shaw LLP on

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

Franczek P.C.

Are Outsourcing Arrangements a New Vehicle for Alleging Employment Discrimination?

Franczek P.C. on

Recent events have resulted in greater scrutiny of arrangements involving the outsourcing of certain business functions by U.S. employers, particularly where such arrangements involve foreign workers on visas in the United...more

Seyfarth Shaw LLP

Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

Seyfarth Shaw LLP on

In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015), Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia compelled the EEOC to...more

McAfee & Taft

EEOC takes aim at Target for discriminatory pre-employment tests

McAfee & Taft on

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Mintz - Employment, Labor & Benefits...

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case,...more

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