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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 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.

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EEOC Releases Draft Guidance Regarding National Origin Discrimination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.

English-Only Policies in the Age of Multiculturalism

The United States has long been referred to as a melting pot. But, some commentators challenge this notion, offering instead that the United States is more akin to a meal of separate and diverse ingredients; an orchestra of individual musicians who together create a symphony. While members of the United States’ many ethnic groups still engage in some assimilation – namely the adoption of the English language – they need not totally abandon their cultural heritage in order to fit into the framework of today’s America. This is multiculturalism.

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.

Use of “English-Only” Policies is Subject of Disagreement Between Governmental Agencies

The U.S. Commission on Civil Rights (USCCR) has posted a report which recommends that the Equal Employment Opportunity Commission (EEOC) modify its position that the use of “English-only” policies is a presumptive violation of Title VII of the Civil Rights Act. See EEOC’s guideline at 29 C.F.R. § 1606.7 (2010). This report sets up an interesting dichotomy in the analysis of such policies by two governmental agencies, both of which ostensibly were formed primarily to insure civil rights.
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