Tag: discrimination
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Counsel Awarded $90.8 Million in Black Farmers’ Discrimination Suit
A federal court has awarded $90.8 million to the attorneys who represented African-American farmers in litigation against the U.S. Department of Agriculture alleging discrimination in the loan application process. In re Black Farmers Discrimination Litig., No. 08-0511 (D.D.C., decided July 11, 2013). Additional details about class counsels’ request appear in Issue 405 of this Update. Explaining…
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Salesman Seeks Damages for Obesity Discrimination
A salesman has reportedly filed a discrimination lawsuit against his former employer in a New York state court alleging that the employer, who had invited the salesman to return to his job in a frame shop, asked him to leave when he saw how much weight the salesman had gained since leaving the shop in…
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Ag Law Professor Refutes NYT Article Claims About Fraud in Pigford Settlement
University of Arkansas School of Law Professor Susan Schneider has authored a post on the Agricultural Law Blog agreeing with a Federation of Southern Cooperatives post refuting claims by a New York Times reporter of fraud linked to the recovery of settlement proceeds (the Pigford settlement) in litigation alleging U.S. Department of Agriculture (USDA) loan…
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Burger King Franchisee to Pay $25,000 to Cashier Fired for Wearing Skirt Prescribed by Faith
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a consent decree with a federal court in Texas to resolve claims that a Burger King franchise operator discriminated against a former cashier on the basis of religion. EEOC v. Fries Rest. Mgmt., LLC, No. 12 3169 (N.D. Tex., filed January 16, 2013). Without admitting liability, the…
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ADA Class Settlement Will Require Burger King to Make Restaurants Accessible
A federal court in California has approved the settlement of class claims that will require Burger King Corp. to remove barriers to wheelchair and scooter access at more than 75 of the restaurants it leases to franchisees in the state and pay $19 million to the settlement class. Vallabhapuapu v. Burger King Corp., No. 11-00667…
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EEOC Charges Burger King with Religious Discrimination
The Equal Employment Opportunity Commission (EEOC) has filed a Title VII civil rights action against a Burger King restaurant claiming that it failed to accommodate the religious beliefs of a Pentecostal Christian woman who sought to wear skirts or dresses to work instead of uniform pants. EEOC v. Fries Rest. Mgmt., LLC, No. 12-3169 (N.D. Tex.,…
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Montana High Court Rules Obesity May Be a Protected Disability
Responding to a question certified by a federal district court, a divided Montana Supreme Court has said that obesity which is not the symptom of a physiological condition may be a “physical or mental impairment” as the terms are used in the Montana Human Rights Act. BNSF Ry. Co. v. Feit, No. OP 11-0463 (Mont.,…
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Lawsuits Concluded: No Trademark for “Texas Toast,” No Class Claims for Joe’s Crab Shack Employees, No Racial Discrimination Class Claims Against McDonald’s, No Wrongful Death Suit Against Dole Food, No Antitrust Action Against Whole Foods
The Sixth Circuit Court of Appeals has determined that the Roskam Baking Co. did not infringe a trademark by using the term “Texas Toast” in selling its packaged croutons. T. Marzetti Co. v. Roskam Baking Co., No. 10-3784 (6th Cir., decided May 25, 2012). Marzetti apparently began using the Texas Toast mark for its frozen garlic…