Civil Rights Act

News & Analysis as of

Reminder to Private Employers: EE0-1 Reports Due Soon!

If you are a private employer with 100 or more employees, you must file an EE0-1 Report with the federal Joint Reporting Committee no later than September 30, 2014. The EEOC uses this employment data to detect employment...more

United States: EEOC Challenges to Employer Separation Agreements

In Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 14-cv-863 (N.D. Ill., February 7, 2014), the EEOC alleged that a severance agreement used by CVS Pharmacy, Inc. (“CVS”) violates Title VII of the Civil...more

Texas Supreme Court oral arguments (9/14)

No. 12-0803 -- Texas Dep't of Aging & Disability Servs. v. Cannon -- The plaintiff brought a wrongful-death case against the department and department employees. The department moved to dismiss the employees, arguing that...more

EEOC Sues Dunkin’ Donuts Franchisee for Religious Discrimination

Company Refused to Hire Applicant Because of His Religion, Federal Agency Charged - ASHEVILLE, N.C. - Citi Brands, LLC, a franchisee of Dunkin' Donuts, violated federal law by refusing to hire a job applicant who is a...more

Most-Invasive-Procedure-of-the-Month Award

Back in 2010 the police asked Dr. LaPaglia to conduct a body cavity search of Felix Booker. They were looking for illegal drugs. Dr. LaPaglia said yes and proceeded. First, he paralyzed Felix with drugs (legal ones). Then...more

President's Executive Order Requires Prospective Federal Contractors To Disclose Violations Of Fourteen Federal Laws

An Executive Order (E.O.) signed by President Obama on July 31 requires prospective federal contractors to disclose to agencies violations of 14 federal laws: the Fair Labor Standards Act; the Occupational Safety and Health...more

Title VII at 50: What's New? - Employment Law Update

This summer marked the 50th anniversary of the Civil Rights Act of 1964, legislation first introduced by President John F. Kennedy in response to the growing civil rights movement. For employers, the most important component...more

Superior Electric to Pay $55,000 to Settle EEOC Sex Harassment and Retaliation Lawsuit

Company to Institute Training and Procedures to Prevent Future Discrimination - CHEYENNE, Wyo. - Cheyenne company Superior Electric, Inc. will pay $55,000 and furnish other relief to settle a sexual harassment and...more

J&R Baker Farms Sued by EEOC for National Origin and Race Discrimination against American Workers

Company Favored Mexican Workers Over American Workers and Engaged in Race Discrimination, Federal Agency Charges - ATLANTA - J&R Baker Farms LLC and J&R Baker Farms Partnership subjected American workers, most of whom...more

EEOC Sues Windmill Farms Nursery and Moreno Farms for Sexual Harassment

Farmworker Women Subjected to Rape, Coerced Sex, Groping and Verbal Abuse, Federal Agency Charges in Two Separate Lawsuits - MIAMI - The U.S. Equal Employment Opportunity Commission (EEOC) filed two separate sexual...more

Another Approaching Benchslap for EEOC?

In a positively delightful “man bites dog” story, a former EEOC investigator just filed suit against the EEOC alleging race discrimination, racially hostile work environment, and retaliation in violation of Title VII and the...more

Executive Labor Summary - July/August 2014

NLRB extends Weingarten right of union representation to drug and alcohol test situations - On July 31, a three-member panel of the National Labor Relations Board in Ralph's Grocery Co. ruled that a union-represented...more

State Court Lawsuit Removable if Plaintiff-Employee’s Pleadings “Fully Incorporate” EEOC Charge

“You have been sued.” Upon reading these first few words of a state court citation, most Texas employers—indeed, most employers—make it their first order of business to remove the case to federal court if at all possible....more

EEOC Warns English-Only Policies May Be Pretext for Illegal Discrimination

While requiring workers to be fluent in English or to speak English in the workplace isn’t unlawful, per se, an English-only policy may be seen as a pretext for unlawful national-origin discrimination in violation of Title...more

President Expands OFCCP Jurisdiction to Investigating Discrimination Based on Sexual Orientation and Gender Identity

Effective immediately, federal contractors, including construction employers working on federally-funded construction projects, and federal government employers are prohibited from discriminating against applicants and...more

Food Lion Sued by EEOC for Religious Discrimination

Grocer Refused Accommodation for Jehovah's Witness's Worship Services, Federal Agency Charged - WINSTON SALEM, N.C. - Supermarket chain Food Lion, LLC violated federal law when it refused to provide a religious...more

Labor Department Adds Gender Identity and Transgender Status to Prohibition on Sex Discrimination

On August 19, 2014, the Department of Labor issued a guidance advising that it will consider cases of discrimination based upon gender identity and transgender status to be violations of Title VII of the Civil Rights Act and...more

EEOC amps up attack on background checks

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Friendship Between Male Supervisor and Female Subordinate Does Not Create Title VII Rights for Disfavored Male

Title VII prohibits discrimination based on gender. Numerous federal courts have rejected claims by female workers that they were discriminated against when their managers showed preferential treatment toward a female...more

Workplace Law Has Come a Long Way, Baby!

In 1964, Nicholas Katzenbach, the Attorney General of United States, ordered Ollie's Barbecue, a tiny restaurant in Birmingham, Ala., to desegregate. When the U.S. Supreme Court upheld that order, the newly passed Civil...more

President Obama Signs Fair Pay and Safe Workplaces Executive Order

On July 31, 2014, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order, which requires bidders on federal procurement contracts for goods and services (including construction) in excess of $500,000 to...more

Diversity Matters: Note from the Editor - Civil Rights Act of 1964

On July 2 of this year, the Civil Rights Act of 1964 enjoyed its 50th anniversary – an appropriate time for reflection. Prior to the passage of this Act, for more than 180 years, from July 4, 1776, until July 2, 1964,...more

Amended Executive Orders expand employment discrimination prohibitions

Since 1974 – just 10 years after Title VII of the Civil Rights Act of 1964 was passed – Congress has made repeated attempts to introduce and pass legislation that would have amended the landmark Act to prohibit discrimination...more

Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit

Anderson v. City and County of San Francisco, No. 11-16746 (July 2, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that the San Francisco Sheriff’s Department (SFSD) may have violated Title VII of the...more

EEOC Issues New Enforcement Guidance on Pregnancy Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance this month regarding pregnancy discrimination. This is the first comprehensive update to the EEOC’s Pregnancy Discrimination Guidance...more

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