Civil Rights Act

News & Analysis as of

SCOTUS to Determine Who Holds Burden in Religious Accommodation Cases

A religious accommodation case that we previously touched on had its oral arguments heard before the Supreme Court on February 25, 2015. The case, which involves the issue of religious accommodation in the workplace, has the...more

Nico van Aelstyn Serves as Co-Counsel in Lawsuit Seeking Expanded Civil Rights for Terminally Ill Patients in California

Yesterday, Nico van Aelstyn, a principal in Beveridge & Diamond’s San Francisco office, filed a lawsuit in the San Francisco Superior Court on behalf of plaintiffs seeking to clarify the ability of mentally competent,...more

Department of Education Closes 2014 with Prolific Guidance

The U.S. Department of Education (DOE) was busy the last quarter of 2014, issuing guidance on six issues, plus another already in 2015. The Dear Colleague Letters (DCL), Frequently Asked Questions, and Fact Sheets provide an...more

BB&K Police Bulletin: California Court of Appeal Clarifies Eleventh Amendment Immunity for State Officials

Court Holds Sheriff Not Subject to Damages Under Section 1983 - Overview: The California Court of Appeal clarified that the Eleventh Amendment immunity does not apply in civil rights actions brought in California...more

Understanding an Employer’s Obligations When Domestic Violence Affects the Workplace

Over the past few months, the media has reported extensively about several incidents of domestic violence involving professional athletes. While these high-profile cases generate huge attention, it is important to remember...more

New Jersey Division on Civil Rights Issues Amended Regulations on Employment Advertising

On June 23, 2014, the New Jersey Division on Civil Rights (DCR) issued amended regulations concerning employment advertisements. First, the prohibition on employment advertisements containing a preference for—or...more

Expansion of Title VII Protection to LGBT Employees

As 2014 comes to a close, it has become quite clear that there is a legal trend towards expanding Title VII protection to LGBT employees. Earlier this year, the Employee Non-Discrimination Act (ENDA) was proposed to ban...more

Class Action Stretches FCRA’s Limits to Target LinkedIn

With increasing regularity, states and localities have passed laws that limit the ability of private employers to inquire into or otherwise consider the criminal or credit histories of their prospective and current employees....more

How Should Employers Draft Severance Agreements Post-CVS?

Last month, a federal judge in Illinois dismissed a lawsuit brought by the Equal Employment Opportunity Commission contending that a standard release agreement used by the CVS drugstore chain violated the anti-retaliation...more

California Legislation 2014

California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) - On September 10, 2014,...more

Tempting the Legal Finger of Fate: No Winners Here

Back in 2006, John Swartz and his wife Judy were driving through the Village of St. Johnsville, in New York, on the way to visit Judy's son. While sitting in the passenger's seat, John noticed a police car, whose occupant,...more

Can the Flying Spaghetti Monster Reshape RLUIPA?

Stephen Cavanaugh, an inmate incarcerated by the Nebraska Department of Corrections, filed a civil rights lawsuit alleging that prison staff repeatedly discriminated against him by not allowing him to meet for worship...more

Accessibility 2.0 – is your company’s website accessible to disabled individuals? 5 practical steps toward compliance

A series of lawsuits over the past few years has made it clear that accessibility under Title III of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act, an analogous California statute, includes website...more

What Employers Don’t Know about Applicants Using Social Media Can’t Hurt Them.

An interview conducted earlier this year with Senior Trial Attorney Edward Loughlin of the Equal Employment Opportunity Commission (“EEOC”), who is charged with prosecuting employers for violations of Title VII, and the like,...more

Waiting with Their Wings to Fight Workplace Sex Discrimination

Flight Attendants Were Instrumental in the Early Enforcement of Title VII's Prohibition of Sex Discrimination, Panel Explains at 50thAnniversary Event in Chicago - CHICAGO - Flight attendants were one of the first...more

EEOC Signals Intent to Process and Litigate Claims of Sexual Orientation Discrimination Under Title VII

Signaling its intent to pursue its viewpoint that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation (including transgender identity), the Equal Employment Opportunity...more

Back on the Case: Fifth Circuit Reexamines Detective's Race Suit

Title VII of the Civil Rights Act of 1964 requires that an individual show that he or she was subjected to an "adverse employment action" in order to proceed on a claim of discrimination. Courts have defined "adverse...more

EEOC, IIT Chicago-Kent College of Law, and EEO Committee of ABA Section on Labor and Employment Law to Host CRA 50th Anniversary...

Panel Will Explore Flight Attendants' Pivotal Role in Enforcement of Title VII Prohibition Against Sex Discrimination - CHICAGO -- The U.S. Equal Employment Opportunity Commission, IIT Chicago-Kent College of Law's...more

Seventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims

Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is...more

EEOC Won’t Get its Prescription Filled at CVS: Case Challenging its Releases Granted Summary Judgment

On October 7th, a federal district judge granted summary judgment against the U.S. Equal Employment Opportunity Commission (EEOC) in its lawsuit against CVS. The EEOC had challenged the nation’s largest integrated provider of...more

Retail Chain Sued for Sex Discrimination After Customer Stalks Employee

Sexual harassment in the workplace is typically committed by a supervisor or co-worker. However, employers may be liable for sex discrimination if the harasser is a client or customer. Recently, the U.S. Equal Employment...more

Fifth Circuit Finds Restriction of Job Responsibilities May Constitute Adverse Employment Action Under Title VII

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail to hire or to discharge an individual or otherwise discriminate against such individual “with respect to his [or her] compensation, terms,...more

Transportation Equity Movement Makes Strides in the Mainstream

This year marks the 50th anniversaries of the Urban Mass Transportation Act of 1964 (UMTA) and the Civil Rights Act of 1964. It is also the 20th anniversary of President Clinton’s Executive Order 12898, addressing federal...more

EEOC Trying to Change the “Status” for Transgendered Employees

On September 25, 2014, the EEOC filed lawsuits in Florida and Michigan accusing employers of discriminating against transgendered employees. These are the first two cases ever filed seeking to protect transgender workers...more

Background Screening Company Adopts Revised Procedures in Cooperation with EEOC

DALLAS -- The U.S. Equal Employment Opportunity Commission (EEOC) and The Cole Group have reached an agreement reflecting the job applicant screening company's implementation of revised policies and practices to ensure that...more

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