Racial Discrimination

McCrory's Somber Legacy - Discrimination in Cinemascope

McCrory's Somber Legacy - Discrimination in Cinemascope

APPELLATE RULINGS IN 2016 REVEAL “BIG PICTURE” FOR RACE DISCRIMINATION

Earlier this summer, voting rights advocates won a stunning string of victories in federal courts across the country.   In one decision after another, courts struck down voting restrictions enacted by state legislatures emboldened by the Supreme Court’s myopic Shelby County decision. 

Of particular note was the Fourth Circuit’s decision in North Carolina State Conference of the NAACP v. McCrory, a must-read for all civil rights litigators...

Standing Up for the Full Promise of Equal Employment Opportunity

Victor Guerrero applied twice for employment as a Corrections Officer with the California Department of Corrections and Rehabilitation (“CDCR”). Both of his applications were subject to a multi-step review process, one step of which was a background investigation questionnaire.  Since 2009, the background investigation questionnaire has included the following question: “Have you ever had or used a social security number other than the one you used on this questionnaire?” This question, known as Question 75, exclusively eliminated Latino applicants—including Mr. Guerrero—from the review process. Mr. Guerrero filed suit, alleging Question 75 has a disparate impact on Latino applicants.

Black Workers Get Class Action Certification in Race Discrimination Case

The Western District of Washington recently certified a class of black workers asserting claims of race-based discrimination based on subjective decision-making in the hiring and firing process of workers at the Sound Transit “University Link” light-rail project. The case is Rollins v. Traylor Bros., Inc., No. C14-1414 JCC, 2016 WL 258523 (W.D. Wash. Jan. 21, 2016). After allegations of discrimination and harassment against black laborers at the Traylor Bros., Inc./Frontier-Kemper Joint Venture (“TFK”) site. Sound Transit hired an expert (Marcella Flemming Reed) to investigate...