The U.S. Supreme Court recently held that the First Amendment’s guarantee of free speech protects a business from antidiscrimination laws when that company acts in accordance with its owner’s professed beliefs. ...more
Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more
4/14/2020
/ Adverse Employment Action ,
But For Causation ,
Causation ,
Discrimination ,
Employer Liability Issues ,
Evidence ,
Pleading Standards ,
Race Discrimination ,
Retaliation ,
SCOTUS ,
Title VII ,
UT Southwestern Medical v Nassar
Under the Americans with Disabilities Act, plaintiffs have the burden of demonstrating they have a disability that results in a significant impairment of a major life activity. Since adoption of the ADA Amendments Act (ADAAA)...more
Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more
11/5/2018
/ Appeals ,
Department of Justice (DOJ) ,
Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Gender Identity ,
Hiring & Firing ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
Trump Administration
Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more
When an employer moves for summary dismissal of a plaintiff’s employment discrimination or harassment claim, it must show that there is no genuine issue of material fact in dispute, thereby allowing the judge to make a...more
Here is an alleged fact pattern that if true, will almost guarantee that an employer will write a large check to a former employee:
..Her supervisor had made well-known her objection to African-American employees in the...more
When we sit down with an employer to get their reaction to an EEOC charge or lawsuit accusing a manager of discriminating against an employee, the employer often responds that yes, the manager treated the plaintiff horribly,...more
In order to prove disparate treatment discrimination under federal employment laws, plaintiffs must demonstrate that the decision-maker in an adverse action was at least partially motivated by discriminatory intent. Federal...more
On the heels of last week’s Second Circuit decision finding sexual orientation discrimination prohibited under Title VII, on Wednesday, a Sixth Circuit Court of Appeals panel held that Title VII likewise protects transgender...more
Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more
12/14/2017
/ Discrimination ,
Dow Chemical ,
Employer Liability Issues ,
Foreign Affiliates ,
Foreign Subsidiaries ,
Jurisdiction ,
National Origin Discrimination ,
Popular ,
Religious Discrimination ,
Sex Discrimination ,
Title VII
Title VII of the Civil Rights Act of 1964 prohibits race discrimination in employment, but it does not define what race means. Over the past decade, the Equal Employment Opportunity Commission has shifted its definition of...more
From time to time, we encounter businesses described by their owners as managed and operated under Christian principles. The owners explain that they use their personal faith to guide their business decisions, including...more
Not every action that an employee views as negative can serve as the basis for a claim of discrimination under Title VII of the Civil Rights Act of 1964. In order to state a claim for relief, federal courts have held that the...more
The scenario is familiar to employers responding to a Charge of Discrimination filed with the Equal Employment Opportunity Commission (EEOC). Even though the Charge only includes claims of discrimination by one person, the...more
The Equal Employment Opportunity Commission (EEOC) recently approved revisions to its 2017-2021 Strategic Enforcement Plan (SEP). The SEP provides employers with an indication of where the agency will concentrate...more
On September 2, 2016, the United States District Court for the District of Maryland (which sits in the Fourth Circuit, along with North Carolina and South Carolina) held that the EEOC can move forward in its case against a...more
On September 2, 2016, the United States District Court for the District of Maryland (which sits in the Fourth Circuit, along with North Carolina and South Carolina) held that the EEOC can move forward in its case against a...more
Last month, the Equal Employment Opportunity Commission (EEOC) issued a final enforcement guidance on retaliation claims under the various federal civil rights laws administered by the agency. The guidance will replace...more
Earlier this month, the Equal Employment Opportunity Commission released final statistics on charges of discrimination filed during the most recent fiscal year. The total charges rose slightly over 2014, but remained well...more
In recent years, the Equal Employment Opportunity Commission and federal courts across the U.S. have increasingly agreed that discrimination against transgendered employees is a form of sex discrimination under Title VII....more
Over the past several years, the Equal Employment Opportunity Commission has taken a decidedly more aggressive position with regard to litigation against employers accused of discrimination. The EEOC has brought a number of...more
When investigating administrative charges of discrimination, the Equal Employment Opportunity Commission often sends employers Requests for Information that seek details about employees similarly situated to the charging...more
In its most recent term, the U.S. Supreme Court held in the Mach Mining case that federal courts have limited ability to review whether or not the Equal Employment Opportunity Commission fulfilled its statutory duty to...more
Last week’s EmployNews reported on efforts by the Equal Employment Opportunity Commission to attack employer-prepared releases because they supposedly do not contain adequate assurances that their terms do not prevent...more