Wednesday, May 4, 2016

U.S. Department of Education Releases Report on Office for Civil Rights to Ensure Educational Equity for All Students

Record 10,392 Complaints, 3,000-Plus Investigations Launched, More Than 1,000 Key Resolutions Reached

The U.S. Department of Education's Office for Civil Rights today released its fiscal year 2015 annual report highlighting efforts during the last year to protect students’ civil rights and increase educational equity nationwide.

Read the story here

EEOC Sues KB Staffing For Disability Discrimination

Company Required Applicants to Complete an Unlawful Pre-Offer Health Questionnaire, Federal Agency Charged

TAMPA, Fla. - KB Staffing LLC, a staffing firm servicing central Florida, made unlawful pre-offer health inquiries of applicants in violation of federal law, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

Read the story here.

Asbestos Specialists, Inc. Will Pay $100,000 and Make Major Policy Changes to Resolve EEOC and OFCCP Investigations

WASHINGTON, D.C.-Asbestos Specialists, Inc. (ASI), a Baltimore-based company that specializes in asbestos removal and demolition in the Washington, D.C. area, will pay $100,000 and furnish significant equitable relief to resolve a charge of national origin harassment filed with the U.S. Equal Employment Opportunity Commission (EEOC) and a Department of Labor Office of Federal Contract Compliance Programs (OFCCP) compliance evaluation, EEOC announced today.

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4 Major Decisions To Expect From The Supreme Court Soon

Three months ago, this term was setting up to be a bloodbath for liberals. Public sector unions were going to be stabbed in the gut. Affirmative action was on life support. The Court’s conservative majority signaled that it was prepared to drastically roll back the federal government’s power to fight climate change.

Then that majority ceased to be a majority.

Read the story here.

Monday, May 2, 2016

Civil rights pioneer and lawyer Pettit warns against a country 'attempting to move backward'

Attorney and Harford County civil rights pioneer A. Dwight Pettit speaks about the importance of the upcoming presidential election and its impact on Supreme Court appointments, during Sunday's Haford NAACP Freedom Fund Banquet in Havre de Grace.

Read the story here

Country Fresh Sued by EEOC for Sex Discrimination

Milk Manufacturer Refused to Promote Woman Because of Gender, Federal Agency Charged
DETROIT - A Grand Rapids, Mich.-based milk and juice manufacturer violated federal law by subjecting a female employee to sex discrimination, the U. S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
Read the story here.

Morse Moving & Storage to Pay $30,000 to Settle EEOC Retaliation Lawsuit

Moving Company Fired an Employee Because She Complained of Harassment, Agency Says

DETROIT - Morse Moving & Storage, a residential and corporate moving services provider based in Romulus, Mich., will pay $30,000 to settle a retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

Read the story here.

Friday, April 29, 2016

Lawler Foods to Pay over $1 Million to Settle EEOC Race and National Origin Discrimination Suit

Bakery Refused to Hire Applicants Based on Their Race/National Origin, Federal Agency Alleged

HOUSTON - A large local bakery will pay $1,042,000 as part of the settlement of a class race and national origin discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Read the story here.

Achiote Restaurant To Pay $27,500 To Settle EEOC Male-On-Male Sexual Harassment / Retaliation Suit

Several Young Mexican-American Males Secretly Videotaped in Men's Room, Federal Agency Charged

SAN DIEGO - A San Ysidro, Calif., restaurant will pay $27,500 and furnish remedial relief to settle a male-on-male class sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

Read the story here.

Hearing Officer Awards $175K to Harassed MSU-Northern Dean

Diverse Issues in Higher Education

HAVRE, Mont. ― A hearing officer with the Montana Human Rights Commission has awarded $175,000 to a dean at Montana State University-Northern who complained that the former provost sexually harassed him.

Read the story here.

U.S. Commission on Civil Rights Announces Date for Briefing Related to its Report, Public Education Funding Inequality in an Era of Increasing Concentration of Poverty and Resegregation

U.S. Commission on Civil Rights Announces Date for Briefing Related to its Report, Public Education Funding Inequality in an Era of Increasing Concentration of Poverty and Resegregation

WASHINGTON, April 26, 2016 /PRNewswire-USNewswire/ -- The U.S. Commission on Civil Rights announced today that it will hold a public briefing on Friday, May 20, 2016, to examine the funding of K-12 education and how the inequitable distribution of these funds negatively and disproportionately impact the educational opportunities of low-income and minority students. The briefing will also address how the practice of underfunding public schools has exacerbated the academic achievement gap in an era where the nation's most vulnerable children are increasingly educated in highly segregated and under-resourced schools.

Read the press release here.

Survey: African-American students cite poor diversity in turning down UC

By Fermin Leal, EdSource

Many African-American students admitted to University of California campuses said they chose to enroll at other universities because of the UC system’s lack of diversity, its high costs to attend and poor outreach to them while they applied, according to a new UC survey.

Read the story here.

Education Department Announces New Tools to Support Successful Reentry for Formerly Incarcerated Youth and Adults

New Toolkit and Grants Announced As Part of National Reentry Week

APRIL 25, 2016 Contact: Press Office, (202) 401-1576, press@ed.gov

The U.S. Department of Education, in partnership with the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention, announced today $5.7 million in new grants aimed at improving outcomes for students who have been involved in the criminal justice system. The Department also released a new toolkit providing guidance to educators and others to support a successful reentry system for formerly incarcerated youth and adults.

Read the story here.

Tuesday, April 26, 2016

EEOC Lawsuits Seeks to Extend Title VII to Sexual Orientation

Foulston Siefkin LLP, Lexology

Title VII of the Civil Rights Act of 1964 (which applies employers with 15 or more employees) prohibits discrimination on the basis of an employee’s sex. The law doesn’t mention sexual orientation as among the protected categories and many courts, including the 10th Circuit Court of Appeals (which covers Kansas employers), have concluded that Title VII does not in fact protect employees from discrimination on the basis of their sexual orientation. That said, courts have concluded discrimination “based on sex” includes harassment and adverse actions based on sex-stereotyping. In other words, discrimination against a woman because she does not conform to feminine or female-specific norms or stereotypes; or against a man because he does not conform to masculine or male-specific norms or stereotypes.

Read the story (Part I) here. View part II, part III, and part IV.

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Monday, April 25, 2016

Victory is Defeat: The Ironic Consequence of Justice Scalia's Death for Fisher v. University of Texas

By Vinay Harpalani, Savannah Law School

With the recent death of Justice Antonin Scalia, the U.S. Supreme Court would seemingly be at a 4-4 impasse on many charged cases. However, in Fisher v. University of Texas at Austin II — the pending case about race-conscious university admissions at the University of Texas at Austin (UT), Justice Scalia’s death actually eliminates the possibility of a tie, because Justice Elena Kagan recused herself from the case. Seven Justices will now decide the fate of Fisher II, with Justice Anthony Kennedy in his usual role of swing vote. If Kennedy votes to strike down UT’s race-conscious admissions policy, then Scalia’s absence will not matter much. Under that scenario, Kennedy’s opinion would control Fisher II either with Scalia (5-3 vote, commanding a majority on the Court) or without him (4-3 majority on the Court). Either of these would reverse the 5th Circuit and set precedent. However, if Kennedy votes to uphold UT’s policy, then Scalia’s absence matters, because rather than a 4-4 tie with no precedential value, Kennedy could write a 4-3 majority opinion. Moreover, because UT’s policy is more modest than the University of Michigan Law School policy upheld in Grutter v. Bollinger (2003), Kennedy could actually uphold it and still further limit the scope of constitutionally acceptable race-conscious admissions policies. If that happens, proponents of affirmative action will have to wonder whether to call it victory or defeat.

Read the article here.