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Article Index » race discrimination: 10 Most Recent Articles Report Link Are You A Criminal Or A Deadbeat? Uncle Sam Wants You (As a Potential Class Member).Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - October 23, 2009 Employers that prohibit or limit the hire of persons with felony convictions may be unknowingly in the cross hairs of the EEOC for violating Title VII of the Civil Rights Act of 1964 (Title VII) on the theory that failing to hire felons has a disparate impact on African Americans and Hispanics. The EEOC is currently in the process of revising its regulations regarding felony convictions. Report Link Independent Contractor May Bring Section 1981 Race Discrimination Claim.Ogletree Deakins - September 28, 2009 Courts typically have dismissed discrimination claims under Title VII if those claims were made by an independent contractor, rather than by an “employee” of the company. However, 42 U.S.C. §1981 (“Section 1981”), which prohibits racial discrimination in the formation of contracts, states that “all persons” shall have the same right “to make and enforce contracts as is enjoyed by white citizens.” In a case of first impression for the 3d U.S. Circuit Court of Appeals, that court has followed prior decisions of three sister-appellate courts in holding that an independent contractor may sue for race discrimination under Section 1981. Report Link Company’s Prompt Reaction to Noose Precludes Liability for Racial Discrimination.Ogletree Deakins - August 26, 2009 When an individual claims to have been racially harassed by co-workers, he or she must show that the employer was negligent either in discovering or remedying the harassment. An employer can avoid liability for co-worker harassment if it takes prompt and appropriate remedial action that is likely to prevent the harassment from recurring. Recently, the 7th U.S. Circuit Court of Appeals analyzed specific actions taken by a company after a noose was found hanging in a workplace, and found those actions to have been sufficient to uphold summary judgment in the company’s favor. Report Link High Court Issues Ruling In Reverse Bias Case.Ogletree Deakins - August 13, 2009 On June 29, the U.S. Supreme Court held, in a 5-4 ruling, that the City of New Haven's decision to discard test results that were used to identify those firefighters best qualified for promotion violated Title VII of the Civil Rights Act. Justice Anthony Kennedy, writing for the majority, ruled that the City's race-based rejection of the test results cannot satisfy the "strong-basis-in-evidence standard," which the Court adopted to resolve conflicts between Title VII's disparate treatment and disparate impact provisions. According to the Court, "[f]ear of litigation alone cannot justify an employer's reliance on race to the detriment of individuals who passed the examinations and qualified for promotions." Report Link Court Limits Employer Options For Avoiding Bias Claims (pdf).Ballard Rosenberg Golper & Savitt - August 10, 2009 A central focus of Supreme Court nominee
Judge Sonia Sotomayor’s confirmation hearing
is her decision in a controversial reverse
discrimination case brought by white firefighters
in Connecticut. The U.S. Supreme Court
ruled in favor of the white firefighters, whereas
Judge Sotomayor was part of a 3 judge
panel which rejected that claim. Here’s what
happened and why you should be concerned. Report Link A HOBSON’S CHOICE: HIGH COURT SHARPLY LIMITS EMPLOYERS’ OPTIONS FOR AVOIDING BIAS CLAIMS.Ballard Rosenberg Golper & Savitt - July 17, 2009 When a group of White firefighters came out on top in a promotional exam, a Connecticut Fire Department became worried about possible racial bias in the exam. Report Link 'RICCI' AND A HARD PLACE.Shaw Valenza LLP - July 13, 2009 When is it lawful under anti-discrimination laws for an employer to intentionally discriminate against members of one protected class, to avoid a disparate impact claim by individuals in another protected group? The U.S. Supreme Court addressed that question in Ricci v. DeStefano, 2009 DJDAR 9567 (June 29, 2009). The court's decision explains the interplay between two branches of anti-discrimination laws: disparate treatment and disparate impact. Report Link Ricci v. DeSteffano: Talk about A Rock And A Hard Place: Employers Required To Pick Between Disparate Treatment and Disparate Impact Claims.Littler Mendelson, P.C. - July 13, 2009 On June 29, 2009, Justice Kennedy, writing for a 5-4 majority of the U.S. Supreme Court, issued the long-awaited decision in Ricci v. DeSteffano, a "reverse race discrimination" case arising out of the City of New Haven, Connecticut's Civil Service Board's ("CSB") decision not to use the results of promotional examinations. The Court held that CSB engaged in disparate treatment race discrimination against white firefighters when it decided not to certify test results showing a disparate impact on certain firefighters of color.1 In making its decision, the CSB considered evidence that the selection process may not have been job-related and consistent with business necessity and that an alternative employment practice having less of a disparate impact and serving its legitimate business needs could have been utilized. Report Link Supreme Court Holds that an Employer Cannot Make a Race-Based Decision to Avoid Possible Title VII Adverse Impact Claims Unless there is a Strong Basis in Evidence of Disparate Impact Liability.Buchanan Ingersoll & Rooney PC - July 10, 2009 In Ricci v. DeStefano, 2009 WL 1835138 (June 29, 2009), a 5-4 majority of the Supreme Court held that the city of New Haven, Connecticut unlawfully discriminated against top-scoring white and Hispanic firefighters by rejecting the results of a promotion-qualifying exam to avoid a possible claim from black candidates who had not tested as well. In so doing, the court ruled that "before an employer can engage in intentional discrimination for the asserted purpose of avoiding or remedying an unintentional disparate impact, the employer must have a strong basis in fact to believe that it will be subject to disparate impact liability if it fails to take the race-conscious, discriminatory action." Report Link US Supreme Court Rules For White Firefighters In Race Bias Case.Barker Olmsted & Barnier - July 06, 2009 Is there such a thing as “reverse” race discrimination in the workplace? Yes. “Reverse discrimination” is not term found statutory prohibitions against job discrimination, but it is commonly understood to mean giving preference to minority employees at the expense of Caucasian employees. With few exceptions, discriminating against white employees is no less illegal than discriminating against minority employees.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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