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Race Discrimination Employer Liability Issues Disparate Impact

Fisher Phillips

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

Fisher Phillips on

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

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

Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know

On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion...more

FordHarrison

EntertainHR: Olympian Tori Bowie’s Pregnancy-Related Death and the Pervasiveness of Implicit Bias

FordHarrison on

American track and field champion Tori Bowie recently died suddenly from complications related to childbirth. The three-time Olympian, who was once known as one of the fastest women in the world, hadn’t been seen for several...more

Tucker Arensberg, P.C.

Filling Vacancies With Internal Candidates Without Application Process Leads to Discrimination Claim

S.G. v. Norristown Area S.D., No. 20-1682, 2021WL 6063122 (E.D. Pa. Dec. 22, 2021) (Federal court allowed a discrimination claim of part-time teacher to proceed arising from a school district’s practice of hiring internal...more

Franczek P.C.

Ex Dolphin Coach’s Suit Against NFL Shows Risk of Flash over Substance in DEI Initiatives

Franczek P.C. on

Brian Flores’ recent class action race discrimination lawsuit against the National Football League and its teams provides a cautionary tale as to what can happen when an organization professes to value diversity, equity and...more

Proskauer - Law and the Workplace

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

On January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants...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

BCLP

Remember to Think Outside the Box: Ban-the-Box Laws Are Not the Only Restrictions on Consideration of an Applicant’s Criminal...

BCLP on

A growing chorus of cities, counties, and states have passed “ban-the-box” laws that restrict when and how employers can consider an applicant’s or employee’s criminal history. Currently, thirteen states (California,...more

U.S. Equal Employment Opportunity Commission...

Dollar General to Pay $6 Million to Settle EEOC Class Race Discrimination Suit

Workers Found Scrawled Racial Slurs and Noose at Apple Park Construction Site, Federal Agency Charges - CUPERTINO, Calif. - A San Jose-based electrical subcontractor at the Apple Park construction project, Air Systems Inc....more

Parker Poe Adams & Bernstein LLP

New California Law Prohibits Discrimination on the Basis of Natural Hair

Earlier this month, California’s governor signed into law the Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act. The new law is the first of its kind in the U.S. Beginning January 1, 2020, it will prohibit...more

Franczek P.C.

Issues to Consider Before Implementing a “Rooney Rule” to Increase Racial Diversity in Employment

Franczek P.C. on

With recent news of a new Goldman Sachs policy requiring managers to interview two diverse candidates for any open job, there is no question that the “Rooney Rule,” first adopted by the National Football League (NFL) in 2003,...more

Franczek P.C.

On the Basis of Hair: What Employers Should Know Now About Hairstyle Discrimination

Franczek P.C. on

Employers across the country are on watch after a recent flurry of news about hairstyle discrimination. Earlier this year, a black news anchor in Jackson, Mississippi, alleged she was fired after wearing “unprofessional”...more

Ballard Spahr LLP

Employment Discrimination Class Action Filed Against CFPB

Ballard Spahr LLP on

The CFPB and its Acting Director are facing a proposed class action lawsuit alleging discrimination against minority and female workers based on allegations of lesser pay and fewer promotions than their white male...more

Troutman Pepper Locke

Championing Diversity Without Discriminating: An Employer's Dilemma

Troutman Pepper Locke on

Most employers value a diverse workforce, and many employers are required by clients or customers to have diversity initiatives and meet diversity requirements. Originally published in The HR Specialist - June 2018....more

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

Unintentional Discrimination? What Every Employer Needs to Know About Disparate Impact Claims

We all know (or should know) that Title VII of the Civil Rights Act and other discrimination laws prohibit intentional discrimination “because of” protected characteristics like race, age, gender, or disability. We can easily...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Seyfarth Shaw LLP

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Faegre Drinker Biddle & Reath LLP

EEOC Criminal Background Check Cases Come With Big Price Tags for All Parties

One of the EEOC's top priorities has been ensuring individuals are not discriminated against based on their criminal histories. In recent years, it has filed multiple headline-grabbing lawsuits related to background checks...more

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