News & Analysis as of

Race Discrimination Summary Judgment Employer Liability Issues

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

Poyner Spruill LLP on

In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

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

Louisiana Court Rules Jones Act Claim for Mental Injury Can Proceed in Light of Noose in Maritime Workplace

Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more

Proskauer - California Employment Law

Racial Discrimination/Sexual Harassment Case Was Properly Dismissed On Summary Judgment

Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020) - Bonnie Ducksworth and Pamela Pollock are customer service representatives at Tri-Modal Distribution Services who alleged a failure to promote based...more

U.S. Equal Employment Opportunity Commission...

Driven Fence Agrees to Pay $25,000 to Settle EEOC Race Harassment Lawsuit

Fencing Company's Mistreatment of Black Employee, Including Racial Slurs and Noose Display, Forced Him to Quit, Federal Agency Charged - CHICAGO - A Melrose Park, Ill., fencing company will pay $25,000 and furnish other...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Sets Low Bar for Discrimination Claim to Survive

An African-American employee comes into work early one day, with plans to leave earlier than originally scheduled. When he is informed that his vehicle is being serviced and is not immediately available, he blows up at the...more

Rumberger | Kirk

No Longer A Mess: En Banc Eleventh Circuit Clarifies the Standard for Similarly Situated Comparators

Rumberger | Kirk on

Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more

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

Eleventh Circuit Opinion Clarifies Definition of ‘Similarly Situated’ Comparators

On March 21, 2019, finding in favor of an employer seeking summary judgment, the U.S. Court of Appeals for the Eleventh Circuit, in Lewis v. City of Union City, clarified the definition of “similarly situated” comparators for...more

Bradley Arant Boult Cummings LLP

Once Is Enough: Tennessee Federal Court Rules Single Use of ‘N-Word’ By Co-Worker Sufficient to Get Hostile Work Environment Claim...

Usually, once is not enough, at least in the hostile work environment context. Unless, as the court found in Ronnie L. Outlaw v. SBH Services, Inc., it is. Typically, a single incident of harassment – especially by a...more

Seyfarth Shaw LLP

How Narrow Is A Discrimination Plaintiff’s Road To Trial In The Eleventh Circuit?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although an employee can prove discrimination by showing that an employer’s reasons for adverse action are pretextual, the Eleventh Circuit finds that an employee must do more than merely contest the...more

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

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

Bradley Arant Boult Cummings LLP

Just What Does A Racially Hostile Environment Look Like? The Eleventh Circuit Provides Some Guidance

What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more

Seyfarth Shaw LLP

Fourth Circuit Finds Former Employee Established Prima Facie Case of Retaliation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit revived the retaliation case of a former city employee who was terminated one day after expressing an intent to file a formal grievance against her supervisor for race-based harassment,...more

Littler

New Mexico Supreme Court Rejects a Heightened Evidentiary Burden on a Plaintiff in a Reverse Race Discrimination Case

Littler on

In Garcia v. Hatch Valley Public Schools, the New Mexico Supreme Court recently examined whether a plaintiff has a relatively heightened evidentiary burden in proving a reverse discrimination claim brought under the New...more

Bradley Arant Boult Cummings LLP

“Don’t Tase Me, Boss!” Eleventh Circuit Reinstates Claims of Police Officer Who Refused Taser Training

If an employee gets a doctor’s note saying she can’t participate in training because of a physical limitation, does that make her disabled? It might if you treat her like she is—at least that is what the Eleventh Circuit...more

Seyfarth Shaw LLP

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Seyfarth Shaw LLP

Lesson On EEOC Language Litigation: Employer Denied Summary Judgment After Terminating Non-English Speaking Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: Court denied employer’s motion for summary judgment in EEOC race and/or national origin discrimination case involving the termination of non-English speaking employees. In EEOC v. Wisconsin Plastics,...more

Mintz - Employment, Labor & Benefits...

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

Sheppard Mullin Richter & Hampton LLP

Second Circuit Finds Possible Pretext in Vague Justification for Non-Transfer

On July 14th, the U.S. Court of Appeals for the Second Circuit vacated an award of summary judgment for the defendants in Abrams v. Department of Public Safety, State of Connecticut, et al., Case No. 13-111, holding that...more

Baker Donelson

Employer's Use of Spreadsheet Categorizing Employees by Race Supports Plaintiff's Discrimination Claim

Baker Donelson on

An employer's use of a spreadsheet categorizing employees in part by race doomed its attempt to obtain summary judgment on a former employee's race discrimination claims in the case of Fuller v. Edward B. Stimpson Co., Inc.,...more

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