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Race Discrimination

EEOC Getting Tough On Employer Use of Credit Reports

Written on 21 Dec, 2010 at 16:02

EEOC Files Disparate Impact Lawsuit Based on Use of Credit Records in Hiring In a press release today, the EEOC (Equal Employment Opportunity Commission) announced the filing of a nationwide hiring discrimination lawsuit against Kaplan Higher Education Corp. The EEOC... (Continue reading)

What Does Climbing the St. Louis Arch Have To Do With Proving Discrimination?

Written on 29 Oct, 2010 at 15:34

Learning Employment Discrimination Law Basics From a Classic Civil Rights Story Introduction This article explains the most common way employment discrimination is proven, disparate treatment, by stepping back to an earlier era and a much different America — one in... (Continue reading)

Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:
The Basics: the Facts and Holding of the Ricci case

Written on 6 Jul, 2009 at 15:41

There’s no way I can get the “scoop” on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court’s 5-4 decision was announced last week,... (Continue reading)

Proving Discrimination: Back to Basics

Written on 24 Sep, 2007 at 20:27

I’m writing a series of monthly columns for Kennedy Information’s newish online publication, Recruiting Trends. The first installment, logically enough, was “Can Recruiters Be Liable for Employment Discrimination?” (if you don’t know the answer, read it!) Today Recruiting Trends published... (Continue reading)

Firemen’s Dog Food Prank Could Cost City Millions

Written on 18 Sep, 2007 at 0:33

A black LA firefighter filed a racial discrimination suit after his coworkers “secretly laced his spaghetti with dog food.” He said in court documents that the dog food incident “was part of a pattern of incidents” at the fire station... (Continue reading)

Coca-Cola “cat’s paw” subordinate bias case dismissed on settlement week before Sup. Ct. arguments

Written on 15 Apr, 2007 at 23:07

I’ve written before about the fascinating subordinate bias case that was scheduled for Supreme Court arguments this coming week: Supreme Court to hear Coca-Cola “cat’s paw” case Cat’s paws, rubber stamps, and proof of race discrimination The “Question Presented” as... (Continue reading)

$55 million settlement in FedEx race discrimination class action

Written on 11 Apr, 2007 at 10:04

In my view, this FedEx class action settlement is yet another sign that after years of near-dormancy, employment discrimination claims not based on disability, harassment, or termination of employment (e.g., those based on hiring and promotions) have become the biggest... (Continue reading)

Supreme Court to hear Coca-Cola “cat’s paw” case

Written on 11 Jan, 2007 at 0:45

An AP story on Monday reported that the Supreme Court will hear the Coca-Cola “cat’s paw”case I discussed back in July in a post entitled: “Cat’s Paws, Rubber Stamps, and Proof of Race Discrimination.” The case is BCI Coca-Cola Bottling... (Continue reading)

EEOC Files Suit Over Racial Slurs; George Learns a New One (To Not Use)

Written on 18 Aug, 2006 at 0:26

The EEOC has filed a lawsuit alleging that a a supervisor at a medical clinic in California used the word “reggin” (“nigger” spelled backwards) and other coded derogatory words when referring to a black file clerk. The suit is for... (Continue reading)

Cat’s Paws, Rubber Stamps, and Proof of Race Discrimination

Written on 12 Jul, 2006 at 19:18

A June EEOC press release alerted me to a very important decision of the Tenth Circuit Court of Appeals in a race discrimination case involving a Coca-Cola bottling company. The issue is proving discrimination where the evidence shows that a... (Continue reading)

Posh Hotel Settles English-Only Lawsuit

Written on 9 Jun, 2006 at 14:18

In a recent lawsuit, a posh hotel (it doesn’t say which one) has agreed to settle a lawsuit in which 13 Hispanic workers were forced out from their jobs for speaking Spanish while at work. The agreement includes some interesting... (Continue reading)

EEOC Investigates Potential Nationwide Test Discrimination At FedEx

Written on 7 Jun, 2006 at 16:47

In a recent press release, EEOC announced some interesting turns in an investigation of FedEx’s promotion policies. One interesting turn involves the refusal by FedEx to comply with a subpoena to provide files and therefore EEOC has asked the U.S.... (Continue reading)

Discrimination Proof 101 — Indirect Evidence Prima Facie Case

Written on 18 May, 2006 at 9:58

Often I read a new decision by a federal court of appeals and the outcome seems to be such an obvious application of well-established principles of employment law that I wonder why the case was even appealed. In significant part,... (Continue reading)

New Class Action Lawsuit Aimed Against Restaurant Chain

Written on 17 May, 2006 at 16:12

A new class action lawsuit alleges that McCormick & Schmick’s restaurants have a nationwide corporate policy and practice of preferring white employees over African-American employees for “front-of-the-house” positions. The lawsuit also charges that: Related Reading: Class Action Employment and Labor... (Continue reading)

EEOC Starts Focusing On Recruitment and Hiring Discrimination

Written on 16 May, 2006 at 8:59

In our recent posting regarding EEOC’s new compliance manual on race and color discrimination, I didn’t mention that recruitment discrimination seems to get quite a bit of attention. This seems to indicate a renewed emphasis at EEOC. Curious to see... (Continue reading)

Wal-Mart Wins — Racially Offensive Comments Insufficient to Make Terminated Employee’s Case

Written on 26 Apr, 2006 at 23:18

Were we just talking about Wal-Mart? This much-criticized company is such a frequent employment case defendant that I could probably teach a course in employment law using only Wal-Mart cases! (Of course, I’m not suggesting that the Giant of Bentonville... (Continue reading)

Wal-Mart Releases Diversity Information: But Is There Enough Information There?

Written on 18 Apr, 2006 at 8:04

One employment discrimination lawsuit that we have followed quite carefully in this blawg is Dukes v. Wal-Mart, with entries ranging from an analysis of the judge’s decision to grant class certification to a posting regarding an apparent attempt at settling... (Continue reading)

Two Employment Cases Decided by Supreme Court

Written on 27 Feb, 2006 at 0:10

Last week, the Supreme Court decided two employment discrimination cases. One was a surprise — less as to the result than as to the fact it was decided at all and the procedure by which it was decided. The other... (Continue reading)

Latest Discrimination Class Action Target: Best Buy (will Target be next target?)

Written on 8 Dec, 2005 at 23:37

Best Buy has become the latest “big box” retailer to fall victim to the race discrimination and sex discrimination class action craze, joining the likes of Wal-Mart and Walgreens. Six former and current employees sued Best Buy Thursday, “alleging the... (Continue reading)

HR/Employment Blogosphere Update for October 1-26, 2005

Written on 26 Oct, 2005 at 16:44

I’ve been so busy switching to the new format and keeping up with the “Our Recent Reading” page that I’ve neglected to do this update for over a month. (New readers: I had been doing it weekly, publishing on Monday,... (Continue reading)