Racial Discrimination


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Racial Discrimination

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Featured Resource: Dos and Don'ts for Avoiding National Origin Discrimination in Hiring
July 2011
Federal and state laws prohibit employers from discriminating against applicants, employees, and independent contractors based on their actual or perceived national origin or ancestry. In recent years, though, both the U.S. Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing have seen a surge in the number of claims filed on the basis of national origin discrimination. . . . more

Racial Discrimination: Court Rejects Poorly Performing Employee's Claims of Retaliation and Harassment
October 2010
Underperforming employees sometimes try to shift the blame to their employers. They might, for example, claim that they are being subjected to harassment or retaliation for a protected activity. . . . more

Discrimination: U.S. Supreme Court Finds Disparate Impact Claims Were Timely; Decision Could Generate More Lawsuits Against Employers
August 2010
Title VII of the Civil Rights Act of 1964 provides employers some protection by requiring employees bringing certain kinds of discriminations claims to file charges within a specific time limit. However, a recent U.S. Supreme Court ruling could extend the period of time that employers are vulnerable to disparate impact claims. . . . more

News Note: Big Lots Settles Racial Harassment Lawsuit for $400,000
April 2010
National outlet retailer Big Lots, Inc., has agreed to pay $400,000 to five named employees and a group of unnamed class members. The EEOC alleged that Big Lots subjected a black maintenance mechanic and other black employees to unlawful racial harassment and . . . more

Discrimination: Supreme Court Decides Key Race Bias Case; What the Court's Decision Means for You
September 2009
The U.S. Supreme Court has just issued a hotly contested decision in the Ricci v. DeStefano case--ruling by a 5-4 margin that city officials in New Haven, Connecticut violated federal race bias laws when they threw out the results of promotional exams . . . more

Bulletin: Supreme Court says employer should not have scrapped test results
August 2009
The U.S. Supreme Court has just issued an important ruling in Ricci v. DeStefano. The case involved firefighters in New Haven, Connecticut who took a civil service test in order to determine who was eligible for promotion. When the city discovered . . . more

Bulletin: U.S. Supreme Court considers key race bias issue
June 2009
A case currently before the U.S. Supreme Court will address the issue of whether employers can scrap the results of a job qualification test if it's later discovered that the test is racially biased . . . more

Discrimination Complaints: Time Limit to File FEHA Charge Can Be Tolled While Employee Pursues Employer's Internal Remedies; Beef Up Your Procedures
January 2009

Suppose an employee files an internal complaint with HR, alleging she was discriminated against. The internal complaint resolution process takes some time and now, more than a year after the alleged discriminatory event took place, the employee files a bias charge under the California Fair Employment and Housing Act (FEHA).

. . . more

Discrimination: $1.8 Million Verdict Upheld for Terminated Employee; Hiring and Firing by Same Manager Didn't Undercut Evidence of Bias
August 2008
An HR employee sued her employer, charging that she was terminated to make way for white males. In an interesting twist, the vice president who fired her was actually the person who had both hired and promoted . . . more

Sample Policy: Equal Employment Opportunity
Updated February 2012
XYZ, Inc., is an equal opportunity employer. XYZ also maintains a zero tolerance policy with respect to discrimination in its workplace. No manager or employee of the company will discriminate against . . . more

Bulletin: U.S. Supreme Court Rejects 'Class-of-One' Theory
July 2008
In a decision favorable to public employers, the nation's high court recently ruled 6-3 that the "class-of-one" theory of equal protection does not apply in the public employment context. To sue for . . . more

News Note: No 'Meeting of the Minds' on Arbitration Pact
June 2008
When store employee Sam Metters filed a race bias lawsuit against Ralphs Grocery Co., Ralphs tried to get the case moved to an arbitrator. The company pointed to a dispute resolution form it gave Metters after he made an internal complaint about discrimination. Metters signed the . . . more

News Note: Drug Test Not Shown to Be Subterfuge for Discrimination
June 2008
Rosetta Surrell, who is African-American, sued her employer, San Jose-based California Water Service Co. (Cal Water), claiming that after she complained about race discrimination in connection with missed promotional opportunities in the firm's Stockton district, the company . . . more

News Note: Former TV Anchor Loses Reverse Bias Suit
May 2008
Bradford Hicks, who is white, was a weeknight news anchor for KNTV Television, Inc., in the Bay Area. When his contract expired, KNTV chose not to renew it. Several months later, when KNTV hired an African-American man . . . more

News Note: Employer Wins Attorney's Fees in Frivolous Race Bias Case
May 2008
In a rare twist, the city of Colton has won a $39,000 attorney's fee award from former employee Daniel Villanueva for targeting the city with a frivolous race discrimination and retaliation . . . more

Employment Tests: New EEOC Fact Sheet Highlights Avoiding Bias When Screening Job Candidates and Employees; Five Best Practices
February 2008
Selecting the best person for the job is crucial to any organization's success. But if you're using tests and other selection procedures to help you make sound employment decisions, it's important to be aware of how federal antibias laws limit the use of screening tools. . . . more

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