News & Analysis as of

Race Discrimination Hostile Environment Harassment

Kelley Drye & Warren LLP

Should Employers Adopt a One-Strike Rule for Racial Slurs?

In California, even a single racial slur by a non-management employee may now give rise to employer liability under certain circumstances. In Bailey v. San Francisco District Attorney’s Office, the California Supreme Court,...more

Manatt, Phelps & Phillips, LLP

Single Discriminatory Incident May Support FEHA Suit

Can a single incident of racial discrimination be sufficient to support a claim of Fair Employment and Housing Act (FEHA) violations? Yes, the California Supreme Court has ruled unanimously....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Advance Auto Parts for Maintaining Hostile Work Environments for Gay and Black Workers

Federal Agency Charges Automotive Retailer Failed to Protect Workers from Harassment by Co-Workers and Customers - MIAMI – Advance Auto Parts, an automotive parts retail chain, violated federal law when it allowed its...more

U.S. Equal Employment Opportunity Commission...

J.A. Croson Pays $1.6 Million to Settle EEOC Racial Harassment and Retaliation Lawsuit

Plumbing Contractor Will Compensate Black and Hispanic Plumbers Subjected to Racially Hostile Work Environment and Retaliation - TAMPA, Fla. – J.A. Croson, a Sorrento, Florida-based plumbing and HVAC contractor, agreed to...more

Payne & Fears

July 2024 Case Summaries

Payne & Fears on

Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Foley & Lardner LLP

California Supreme Court Affirms Single Comment Can Constitute Harassment and Addresses Standard for Retaliation

Foley & Lardner LLP on

In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more

Littler

Littler Lightbulb: July Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Seyfarth Shaw LLP

Single Use of Racial Slur May Constitute Harassment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

Franczek P.C. on

In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

U.S. Equal Employment Opportunity Commission...

Cavco Industries, Palm Harbor Homes and Palm Harbor Villages to Pay $135,000 to Settle EEOC Race Discrimination Lawsuit

Agency Found Manufactured Home Companies Allowed Discrimination Against a White Employee with Black Family Members - WACO, Texas – Cavco Industries, Inc.; Palm Harbor Homes, Inc.; and Palm Harbor Villages, Inc., which...more

Parker Poe Adams & Bernstein LLP

DEI Training Videos Did Not Create Hostile Work Environment

Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

U.S. Equal Employment Opportunity Commission...

Affordable Home Furnishings to Pay $105,000 to Settle EEOC Race Discrimination Lawsuit

Federal Agency Charges That Furniture Retailer Subjected African American Manager to a Hostile Work Environment and Fired Him When He Complained - NEW ORLEANS – Affordable Rent-to-Own, LLC, doing business as Affordable...more

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

U.S. Equal Employment Opportunity Commission...

Autos of Dallas Settles EEOC Race Discrimination Suit

Resolves Federal Charges Auto Sales Worker Was Given Racist ‘Trophy’ and Subjected to Taunting About Skin Color - DALLAS — AOD Ventures, Inc. doing business as Autos of Dallas, a local retailer of pre-owned vehicles in the...more

FordHarrison

Guidance for Employers to Ensure Workplaces Remain Free from Antisemitism

FordHarrison on

Executive Summary: The unprecedented increase in antisemitism in the workplace may subject employers to liability under federal and state laws prohibiting discrimination on the basis of religion, race, national origin and...more

U.S. Equal Employment Opportunity Commission...

Title Loan Companies to Pay $60,000 to Settle EEOC Racial Harassment and Disability Discrimination Suit

Settles Federal Charges Employee Was Subjected to N-Word, Did Not Accommodate Her Disability, and Then Fired Her - GREENVILLE, S.C. – Georgia-based Community Loans of America, Inc. and its subsidiary, Carolina Title Loans,...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Sets High Bar for Politically and Racially Disparaging Comments to Support Harassment Claim

As the U.S. becomes more politically divided, employers increasingly are forced to deal with political and social disputes among employees. Last week in Yelling v. St. Vincent’s Health System, the Eleventh Circuit Court of...more

U.S. Equal Employment Opportunity Commission...

Mexico Restaurant Settles EEOC Sexual and Racial Harassment Lawsuit

Federal Agency Charged That Female Servers Were Subjected to Sexual Harassment And Forced to Quit to Escape the Abuse - HONOLULU – Mexico Restaurant, a Honolulu-based restaurant specializing in Mexican cuisine, has agreed...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tesla for Racial Harassment and Retaliation

Federal Lawsuit Alleges Black Employees Endured Open Hostility and Racism - FREMONT, Calif. – Electric car maker Tesla, Inc., violated federal law by tolerating widespread and ongoing racial harassment of its Black...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Asphalt Paving Systems for Racial Harassment

Black Employees Were Subjected to a Hostile Work Environment that Included Racial Slurs, Threatening Conduct and Humiliating Working Conditions, Federal Agency Charges - TAMPA, Fla. –– Asphalt Paving Systems, Inc. (APS),...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Cavco Industries and Palm Harbor Homes for Race Discrimination

Manufactured Home Companies Subjected Employee to Hostile Work Environment After Learning of Multi-Racial Family, Federal Agency Charges - DALLAS – Cavco Industries, Inc. and Palm Harbor Homes, Inc. violated federal law by...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

U.S. Equal Employment Opportunity Commission...

Elevation Labs Sued by EEOC for Retaliation

Employee, Vocal About Race Discrimination, Was Denied Promotion, Threatened With Termination and Forced to Resign, Federal Agency Charges - IDAHO FALLS, Idaho — Elevation Labs, LLC, formerly known as Northwest Cosmetics...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Liberty Oilfield Services for Race and National Origin Discrimination

Company Subjected Black and Hispanic Field Mechanics to Verbal Abuse, Federal Agency Charges - ODESSA, Texas – Liberty Energy, Inc. doing business as Liberty Oilfield Services, LLC, subjected three mechanics to...more

U.S. Equal Employment Opportunity Commission...

Taos Hotel Formerly Known as Whitten Inn and its Successor Settle EEOC Race and National Origin Harassment Suit

Former Owner of Whitten Hotel Accused of Racist Behavior, Federal Agency Charges - ALBUQUERQUE, N.M. – Roark-Whitten Hospitality 2, LP, doing business as the Whitten Inn, and its successor purchaser of the hotel SGI, LLC,...more

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