Articles Posted in race discrimination

Employers might be surprised to learn that the actions of an Airbnb host can affect policy and obligations created by the California Department of Fair Employment and Housing. Nonetheless, that is the outcome of a particularly heated racial case arising out of Big Bear. employment discrimination attorneys

The Star reports that, in February 2017, Asian UCLA law student Dyne Suh had rented a cabin in Big Bear. The cabin had been rented from Tami Barker through Airbnb. After driving for hours through rain and snow, Suh received a text message canceling the reservation when she was only minutes away from the cabin. Barker wrote:

  • “I wouldn’t rent to u if u were the last person on earth”
  • “One word says it all. Asian.”
  • “This is why we have Trump”
  • “I will not allow this country to be told what to do by foreigners.”

Suh, an American citizen and law clerk at the Riverdale County Public Defender’s Office, reported the case to the Department of Fair Employment and Housing. The Department ordered Barker to pay a $5000 fine, issue a personal apology to Suh, take a college level course on Asian American studies, complete community service at a civil rights organization, and report rental data to the Agency for the next four years. Airbnb also permanently banned Barker from their site. Continue reading

A lawsuit has been filed against Tesla by an African-American who spent two years working on the assembly line. The worker claims in the lawsuit he experienced harassment on an ongoing basis for months on the basis of his race. Orange County anti-discrimination lawyers regularly represent clients making claims of racial discrimination, which is prohibited under state and federal law.   racial discrimination

Unlawful racial discrimination not only includes a company’s refusal to hire, fire or promote a person based on race but it also includes the creation of a hostile work environment. A hostile work environment is created if an employee who s a member of a protected class is made to feel uncomfortable on the basis of his protected status. If an African-American is treated poorly by coworkers due to his race, this would be an example of illegal discriminatory behavior a company could be held accountable for. Continue reading

According to a recent news article from the Los Angeles Times, two African American employees at Fox News have filed a discrimination lawsuit against the company as well as a recently fired financial controller at the company who was fired at the end of February 2017.

womanIn the complaint, plaintiffs alleged that their supervisor routinely made racist or otherwise inappropriate comments to all of the black employees under her control. The lawsuit also mentioned the sexual harassment allegations against former company chief Roger Ailes, as well as other recent allegations of creating a hostile workplace. Continue reading

A worker alleging his employer violated federal civil rights law by retaliating against him for filing a racial discrimination complaint will get another shot at taking his claim to court.factory manager

The U.S. Court of Appeals for the Fifth Circuit reversed a trial court’s dismissal of his original complaint.

According to court records, plaintiff is an African American man who first started working for the company, a machinery manufacturing firm based in Texas, in 1991. He started his job as a “helper,” but was eventually promoted to machinist. During his tenure at the company, he was laid off three times due to staff reductions, but each time was hired back. Eventually, he racked up a full decade of seniority. By all accounts, he performed his job in a manner his employer deemed satisfactory, he regularly received raises on merit and he’d never been disciplined – until May 2009, when he was 55-years-old.  Continue reading

Minority workers face the highest rates of on-the-job injury, and researchers with the University of Southern California opine that’s in large part due to workplace discrimination. constructionworker

The study looked at injury rates among workers of different races. What they discovered was that Latino immigrant and African American men had far and away the greatest risk of injury. The risk was even higher when researchers accounted for education and other demographic characteristics. 

Although the study authors didn’t delve too deeply into the reasons why, the lead researcher opined it had largely to do with “disparities in economic opportunities for minorities.” In other words: Racial discrimination. Workers who are black or Latino immigrant are often turned down or not considered for higher-paying roles, and therefore are pigeon-holed into jobs that are more dangerous, substantially increasing their risk of workplace injury and disability.  Continue reading

A California technology company is facing down claims of racial discrimination against employees, who are the subject of a lawsuit alleging white men were given preference over minorities with similar qualifications.computer

USA Today reports the U.S. Department of Labor is suing Oracle America, a technology systems company that is accused of paying its white, male workers more than others and discriminating against non-white applicants in the course of its hiring and recruiting efforts. The DOL asserted the company is barred from engaging in discriminatory practices, especially because it receives hundreds of millions of dollars as a contractor for the federal government.

The company vehemently denies the allegations, arguing they are wholly without merit and motivated by politics. The firm is responsible for manufacturing much of the hardware and software utilized by federal government agencies. Continue reading

Current and former employees at CNN, based in Atlanta, are suing the company, as well as Turner Broadcasting and Time Warner, for alleged racial discrimination. reporter

Employment attorneys are seeking class action status for the lawsuit, which they assert was spurred after several employees came forward after DeWayne Walker filed his employment lawsuit in January 2016. Those stories involved allegations of nepotism, abuse of power, discrimination, retaliation and revenge.

Walker was a CNN producer who sued the company last year for $50 million, alleging racial discrimination and later retaliation for his filing a complaint with the U.S. Equal Employment Opportunity Commission. He asserted that CNN refused to promote him for more than a dozen years because of his skin color. He says he was skipped many times over for promotions that instead went to white employees. Walker currently works at the company has an integrated marking manager.  Continue reading

A major national job placement company is accused of discriminating against black workers in favor of Hispanic workers in factories, on assembly lines and in low-skilled positions. The claim was made in a federal class action lawsuit recently filed on behalf of numerous African American workers, who say companies favored Hispanic workers because it was believed they would be less likely to complain about poor working conditions and pay. worker

The lawsuit, filed in a federal court in Chicago, alleges a temporary employment agency called Personnel Staffing Group LLC and its clients used code words to conceal hiring decisions that were racially motivated and in violation of federal civil rights law. For example, they would refer to black hires as “guapos,” which is Spanish for , “pretty boys.” This was intended to mean they would not be open to doing “dirty work.” Meanwhile, they referred to Hispanic workers either as “feos,” which is Spanish for, “ugly ones,” or sometimes as, “bilinguals.”

Black workers say they were given just one assignment, sometimes over the course of several months, despite showing up every day. They would wait hours for an assignment that never came, watching as one-by-one, the Hispanic workers were called to various jobs. Some of the black workers say that when they were given an assignment, it was often for the most dangerous, undesirable posts. Plus, they were usually the only workers who received background checks, while their Hispanic counterparts did not.  Continue reading

A federal employment lawsuit filed in California alleges two African American workers faced racial discrimination at work while employed at a North Carolina data center for tech-giant Facebook. According to Fortune magazine, the two workers say the company’s leaders failed to immediately respond to repeated complaints of harassment.office1

The lawsuit was filed in the U.S. District Court for the Northern District of California, and alleges the company allowed retaliation against the two employees who were reporting racial discrimination. One is a current employee and another still works at the data center.

Specifically, the two say a facility manger repeatedly used racial slurs to refer to black workers. They also assert they were paid less than white colleagues, and that these trespasses took place over the course of three years of employment. They are asking for damages in excess of $25,000, plus punitive damages, for each plaintiff. A spokesperson for the company alleges the claims are without merit. Interestingly, the company does not deny racial discrimination took place. Rather, the assertion is that the company responded appropriately. Continue reading

The U.S. Court of Appeals for the Seventh Circuit has a reputation for leaning pro-employer in work-related disputes. So the recent decision in Ortiz v. Werner Enterprises came as a bit of a surprise – and its effects could be far-reaching. gavel7

The case upends the standard that the circuit has followed the last 20 years for determining discrimination in the workplace. Prior to this case, the court had held an employee plaintiff could prove discrimination in just one of two ways:

  • Direct. That means providing the court with some type of direct evidence of discrimination.
  • Indirect. This is providing the court with circumstantial evidence of discrimination, such as a pattern of actions (or as it sometimes called, a “convincing mosaic”).

Each method requires a series of tests, and the Seventh Circuit noted frustration with the legal wrangling that had to be done just to properly navigate these tests. This “convincing mosaic” as a legal standard was so confusing, the court wrote, that justices vowed any ruling based on that phrase is going to be subject to summary reversal.  Continue reading