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Race Discrimination

New York Bans Race Discrimination Based on Hairstyle

New York has become the second state to include hairstyles within the definition of race for purposes of the state’s anti-discrimination law.  Last week, California became the first state to ban such discrimination. The New York State law amends the definition of “race” to mean “traits historically associated with race, including but not limited to, […]

Employee Can’t Prove Supervisor’s “Black Ass” Remark Motivated His Termination

In a recent unpublished decision, the Eleventh Circuit held that an African-American former employee could not get past summary judgment on his Title VII and Section 1981 race discrimination claims.  Williams v. Housing Opportunities for Persons with Exceptionalities, No. 2:17-cv-00468-ACA (11th Cir. 7/15/19). Williams worked as a direct care provider for Housing Opportunities for Persons […]

New California Law Adds Protected Status Based On Hairstyle

This past week marked not only the anniversary of our Independence Day, but also the 55th anniversary of the enactment of the Civil Rights Act of 1964.  Amidst this well-deserved fanfare, California became the first state to make hairstyle a protected status under its state anti-discrimination law, the Fair Employment and Housing Act (FEHA). Presently, […]

Louisiana Judge Holds That Jewish Heritage Can Be Basis For Race Discrimination Claim

Recently, a federal magistrate judge in Louisiana denied a motion to dismiss in a case in which the defendant is alleged to have refused to hire a football coach because of his “Jewish blood.”  Bonadona v. Louisiana College (W.D. La. July 13, 2018). The case involves Joshua Bonadona, the son of a Jewish mother and […]

Target Finally Moving Out Of The Cross-Hairs Of Criminal History Hiring Discrimination Lawsuit

Target has quite the bill to pay.  As a result of alleged discriminatory hiring practices, premised upon Target’s use of criminal background screening in a manner that had a disproportionate impact on minorities, Target Corp. will pay $3.74 million, and give priority hiring opportunities to black and Latino job applicants, to resolve claims that its […]

When One Word Is Too Much… Single Racial Slur May Support Hostile Work Environment Claim

In Castleberry v. STI Group, No. 16-3131 (3d Cir. 2017), the Third Circuit Court of Appeals held that a manager’s one-time use of a racial slur, combined with his threat to fire a Black employee, could be enough to support a Section 1981 hostile work environment claim. Two Black laborers sued their staffing agency (STI) […]