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Total Articles: 14

EEOC Attorney Offers Tips For Tackling National Origin Discrimination

You may have missed it amidst the election talk of wall building and Muslim bans, but the EEOC quietly issued an enforcement guidance to address its concerns about national origin discrimination in the workplace.

EEOC Issues New Guidance on National Origin Discrimination

The U.S. Equal Employment Opportunity Commission (the “EEOC”) recently issued new guidance on national origin discrimination (the “Guidance”), updating its previous guidance on the topic for the first time since issuing a 2002 compliance manual. The Guidance, coupled with a Q&A and fact sheet for small businesses, addresses uncertainties that have developed in the law.

Terminated Disney Employees Allege that Outsourcing Work to Indian Workers Discriminated against American Workers

Disney continues to face legal repercussions from the company’s 2014/15 layoffs of numerous American IT workers, and the outsourcing of their functions to two Indian companies employing H-1B workers. On Monday, Dec. 12th, thirty former Disney workers filed a complaint in the U.S. District Court for the Middle District of Florida seeking compensatory and punitive damages and reinstatement to their old positions under Title VII of the Civil Rights Act of 1964 (“Title VII”), Section 1981 of the Civil Rights Act of 1966 (“Section 1981”), and the Older Worker Benefit Protection Act (“OWBPA”). The lead plaintiff, Leo Perrero, also seeks class certification on behalf of other impacted former Disney workers.

EEOC Releases National Origin Discrimination Guidance

The Equal Employment Opportunity Commission (EEOC) has issued Enforcement Guidance on National Origin Discrimination, intended to communicate the EEOC's position on legal issues. The guidance discusses a variety of employment situations, including topics such as job segregation, human trafficking and intersectional discrimination, and outlines promising practices.

EEOC Releases Updated National Origin Discrimination Guidance

Recently, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance on national origin discrimination.

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC last comprehensively addressed national origin discrimination in 2002, and the revised guidance addresses important issues and significant legal developments that have occurred since that time.

EEOC Releases Draft Guidance Regarding National Origin Discrimination

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a draft of its new proposed enforcement guidance regarding national origin discrimination under Title VII – the first guidance it has issued on this topic since 2002. While this guidance is still in draft form and may still be revised following the close of the public comment period (in early July), it is helpful in providing employers a sense of the EEOC’s current enforcement concerns and priorities regarding national origin discrimination.

Proposed EEOC Guidance on National Origin Discrimination Provides Clues to Agency’s Focus

The Equal Employment Opportunity Commission has issued a Proposed Enforcement Guidance on National Origin Discrimination (“PEG”) and is allowing the public to comment through July 1, 2016. The last time the EEOC issued specific guidelines on National Origin Discrimination was in 2002.

EEOC Seeks Public Input on Proposed Guidance on National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) has voted to release for public input a proposed enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964.

EEOC Releases Proposed Enforcement Guidance On National Origin Discrimination For Public Comments

On June 2, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) released, for a 30-day public input period, proposed enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC last comprehensively addressed national origin discrimination in 2002, and the revised guidance addresses important issues and significant legal developments that have occurred since that time.

Is It OK To Tell Polish Jokes At Work? (Answer: NO)

By this point in the 21st century, most working professionals know that there are certain things that are absolutely unacceptable in today’s workplace. What might have been tolerable at an office setting in the 1970s can get you fired today. Sexually suggestive remarks, pornography on your computer, knocking back a few stiff drinks in your office, and racial epithets hurled at coworkers are actions that are no longer tolerated.

EEOC’s “Reverse” National Origin Discrimination Suit Survives Motion to Dismiss

This week, a federal district court ruled that the U.S. Equal Employment Opportunity Commission (EEOC) made sufficient factual allegations of intentional discrimination against a local farming company to survive a motion to dismiss. What makes this case unusual is that the EEOC alleges discrimination against U.S.-born workers, a departure from a typical “national origin” discrimination case alleging discrimination against foreign-born workers.

eLABORate: Trial Court Finds Plausible Disparate Impact National Origin Claim Based on Use of False Social Security Numbers by Undocumented Aliens

In Guerrero v. Cal. Dep’t of Corr. & Rehab. N.D. Cal., No. 3:13-cv-05671, a federal district court in California denied the California Department of Corrections and Rehabilitation’s (“CDCR”) Motion to Dismiss Plaintiff’s Title VII disparate impact claim, and instead found plausible the plaintiff’s disparate impact claim based on CDCR’s policy of refusing to hire applicants on the basis of a prior use of a false social security number. The claim alleged the policy had an adverse impact on a class of Latinos, a protected class based on national origin. The court rejected CDCR’s argument that plaintiff’s disparate impact claim was based on immigration status only, which is not a protected class under Title VII.

New Arizona Immigration Law May Impact Workplaces Nationwide.

Arizona's new immigration law, enacted on April 23, makes it a state crime for anyone in the U.S. illegally to be in the state of Arizona, and it requires police to arrest anyone who cannot produce proof of U.S. citizenship or authorization to be in this country. Although this law reflects current federal immigration law, it has generated considerable controversy.
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