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Employer Liability Issues Racial Bias

BCLP

UK HR Two-Minute Monthly: April 2024

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Our April update includes a case on AI facial recognition software that allegedly discriminated against black people, a case where an individual carrying out a dismissal did not have enough knowledge of protected disclosures...more

Butler Snow LLP

Fifth Circuit Scrutinizes Corporate Diversity Initiatives

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After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more

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

DEI Under Scrutiny, Part VIII: Eleventh Circuit Strikes Down Florida Ban On Workplace DEI Training Under First Amendment

On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more

Bradley Arant Boult Cummings LLP

Points Matter: Absenteeism Policy Overcomes Racial Discrimination Allegations in Fifth Circuit

As this blog has consistently noted in the past, one of the most effective ways to combat unfounded allegations in the workplace is diligent record-keeping. Many employers have “point-based” disciplinary policies in which...more

Conn Kavanaugh

Supreme Court Decision May Impact Your Company’s Diversity, Equity, and Inclusion Initiatives

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The U.S. Supreme Court recently held that it is illegal to consider race in college admissions decisions. While the decision did not apply to employers, employers should be aware that the decision is being used as a roadmap...more

FordHarrison

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

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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

Parker Poe Adams & Bernstein LLP

Would Your HR Staff Recognize Lesser-Known Biases That Can Lead to Discrimination Claims?

Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more

DirectEmployers Association

OFCCP Week In Review: February 2023 #3

Monday, February 13, 2023: NLRB Again Extended Reply Comment Period on Proposed Fair Choice and Employee Voice Rule - Deadline for Reply Comments Now March 1 - Board Noted Administrative Error in Online Public Comment...more

Constangy, Brooks, Smith & Prophete, LLP

Employer seeking "Kens and Barbies" must face trial on bias claims

Sheesh. I would think so! Here's a story for you: Some investors bought an apartment complex in Houston with the plan to fix it up and flip it. They decided the Property Manager wasn't doing a good job, so they fired her...more

Verrill

BLM-Masked Employees of Whole Foods Lose Race Bias Appeal Regarding Dress Code

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Last week, the U.S. Court of Appeals for the First Circuit in Boston dismissed the appeal of a group of Whole Foods employees who were disciplined for wearing face masks with the phrase “Black Lives Matter” at work. In Frith...more

Proskauer - California Employment Law

Judge Reduces $137 Million Race Harassment Verdict Against Tesla to $15 Million

A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. On April 13, 2022, the judge granted Tesla’s motion for a reduction in the amount of damages in part...more

CDF Labor Law LLP

[Webinar] Adapting Workplace Investigations to Meet the Challenges of the Moment - April 27th, 10:00 am - 11:00 am PT

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As the pandemic crisis and the social landscape continues to evolve, so too must the techniques that employers use to investigate workplace concerns. Employer missteps when conducting internal investigations can create...more

K&L Gates LLP

Health Care Triage: Health Care and Employment Law: 2020 Year in Review and Looking Ahead

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In this episode, Jackie Hoffman interviews Spencer Hamer about recent developments in employment law that have impacted the health care industry. This episode touches on various topics, including COVID-19 screening at the...more

Jackson Lewis P.C.

A New Year: Tools For Employers To Renew And Enhance Commitments To Racial Equity In The Workplace

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Many companies made pledges and commitments to advance racial equity in the workplace during 2020. Will employers honor their commitments to create and maintain a racially equitable workplace? Their employees are watching...more

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

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - February 10th, 10:00 am - 6:15 pm EDT

Critical Guidance on Managing Covid-19 and More High Stakes Issues Coming Across Your Desk. As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s...more

American Conference Institute (ACI)

[Virtual Event] Complex Employment Litigation & Risk Management - August 20th, 10:00 am - 6:45 pm EDT

As industry grapples with unprecedented risk and uncertainty, in-house counsel and private practitioners are set to attend ACI’s Virtual Conference on Complex Employment Litigation & Risk Management on August 20th. There...more

Verrill

Support for the Black Lives Matter Movement: Implicit Bias Training (Part 4 of 12)

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This is the fourth post in a 12-part series on how companies can show support for the black lives matter (BLM) movement by changing company policies and practices. This post focuses on implicit bias and the effect it has on...more

Epstein Becker & Green

EPIC Files Complaint with FTC Regarding AI-Based Facial Scanning Software

As we have previously blogged, use of third-party digital hiring platforms to select job applicants using video interviews can present an array of potential legal issues. A recent Complaint filed with the Federal Trade...more

BCLP

Unconscious Bias in the Workplace

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In 2019, discrimination is rarely overt or deliberate. As a society we have come a long way from the ‘No Blacks, No Dogs, No Irish’ signs of decades past. But conscious intent is not necessary for unlawful discrimination to...more

BCLP

Practical Tips to Address Implicit Bias in the Workplace

BCLP on

Over the past half century, employers have made great strides in protecting employees and applicants from conscious bias on the basis of race, gender, age and other protected characteristics. But what about unconscious – or...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

Fisher Phillips

The Sharing Economy And Discrimination Concerns: What Can You Do?  

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Recent studies have reported that race and gender disparities are not uncommon in the sharing economy. For example, it’s been reported that some gig workers were discriminating against customers with names that “sounded...more

McAfee & Taft

Co-worker’s racial statements may support discrimination claim

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As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company....more

Dorsey & Whitney LLP

Quirky Question #287: “Cat’s Paw” Claims – How could an employer violate antidiscrimination laws, even though the decision-making...

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Question: We just went through a five-person layoff, and one of the individuals laid off (an African American) has hired a lawyer and is threatening to sue for racial discrimination. I have enormous confidence in the fairness...more

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