Archive for 'Race / Color'

In January, the Equal Employment Opportunity Commission (“EEOC”), the federal watch dog charged with enforcing anti-discrimination laws, issued proposed new harassment guidance seeking input from the public.  The public comment period ended March 21, 2017. One big take away from the Guidance is that it is the EEOC’s position that discrimination and harassment based on […]

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EEOC Sues Company Over Refusal to Allow Dreadlocks at Work

Written by Robert G. Brody and Rebecca Goldberg on November 18, 2013

Are employers losing the battle to define a company image?  The Equal Employment Opportunity Commission (“EEOC”) filed a lawsuit against an insurance claims company for revoking a job offer because the applicant, who is “black,” refused to cut off her dreadlocks.  This comes on the heels of the National Labor Relations Board’s recent administrative law […]

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State Attorneys General Accuse EEOC of Going Too Far

Written by Robert G. Brody and Rebecca Goldberg on September 3, 2013

The Equal Employment Opportunity Commission (“EEOC”) is under fire from the attorneys general in nine states because of its controversial stance on the use of criminal background checks in the hiring process.  Last year, the EEOC issued new enforcement guidance prohibiting employers from having blanket policies against hiring applicants with a criminal background.  The rationale is that […]

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Are You Being Duped by a Malicious Monkey?

Written by Robert G. Brody and Rebecca Goldberg on June 19, 2012

Do you have a malicious monkey in your workplace?  Employers can be liable for discrimination when they act on recommendations based on a subordinate’s discriminatory animus.  This is called the “cat’s paw” theory of discrimination.  The name comes from a 17th century French fable in which a monkey persuades a cat to take roasting chestnuts […]

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Are You Discriminating Against Ex-Cons?

Written by Robert G. Brody and Rebecca Goldberg on May 15, 2012

Refusing to hire ex-convicts may violate federal prohibitions against race and national origin discrimination, according to new enforcement guidance from the Equal Employment Opportunity Commission.  Because black and Hispanic individuals are arrested and convicted at higher rates than other groups, the EEOC reasons that discrimination on the basis of a criminal background may have a […]

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