Civil Rights Act

News & Analysis as of

BB&K Police Bulletin: Civil Rights Action For Miranda Violation Not Barred If Conviction Reversed

Incriminating Statements in Violation of Miranda Rights Were Used in First Trial, Which Resulted in Reversal - Overview: The Ninth Circuit Court of Appeal recently held that a criminal defendant convicted of murder at...more

Employer Can Be Liable For Its Predecessor’s FLSA Violations

The Third Circuit Court of Appeals recently held that an employer can be liable for its predecessor’s violations of the Fair Labor Standards Act. Thompson v. Real Estate Mortgage Network, No. 12-3828 (3d Cir. Apr. 4, 2014)....more

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the...more

Utah Employment Law Letter: April 2014: Title VII: To protect and serve? Harassment claim sent back to Utah court

You may have heard the term “summary judgment.” It means that if the facts of a case are so clear that only one outcome is possible at trial, a court will forgo a trial and decide the case. This process ensures that resources...more

Appleseed Event Featured Two Justice Legends Who Are Still Fighting, Opening Eyes

I had the great pleasure today of attending the Alabama Appleseed Brewer-Torbert Awards Luncheon. What an inspiring event! This year's award was presented to Fred Gray, a legendary civil rights attorney and icon. Mr....more

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

Did the EEOC Try Hard Enough to Resolve Your Case Before Filing Suit?

In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more

Fourth Circuit Affirms Sanctioning of EEOC for Unreasonable Lawsuit Brought Against Employer Six Years After Charge Filed

Employers involved in litigation under Title VII and related federal civil rights laws understand that a prevailing plaintiff is entitled to collect his or her attorneys’ fees. These employers may not be aware that in more...more

Separate and Unequal

Unlike people, not all schools are created equal. Anyone who doubts that need only review the results of the Civil Rights Data Collection [“CRDC”] for the 2011-2012 school year, which were released on March 21, 2014 by...more

Rhode Island Court Considers Harassment and Discrimination Claims Involving Alleged Harasser and Victim of the Same Sex

The U.S. District Court for the District of Rhode Island recently considered the application of Title VII of the Civil Rights Act of 1964 and the Rhode Island Fair Employment Practices Act (FEPA) in the context of an alleged...more

Title VII at Age 50: Still Room for Creativity? Developing New Defenses and Testing New Claims

New Substantive Uses of Title VII - Sexual Orientation And Gender Identity: ..Issue: Whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. ..Statutory...more

The EEOC Amplifies its Focus on Religious Discrimination

The U.S. Equal Employment Opportunity Commission (“EEOC”) received 3,721 charges alleging religious discrimination in fiscal year 2013. In partial response to these charges, earlier this month, the EEOC issued new technical...more

EEOC Posts Technical Assistance On Religious Dress And Grooming In The Workplace

Religious discrimination charges filed with the EEOC have increased over the years, rising to 3,721 private sector discrimination charges in fiscal year 2013. An EEOC religious discrimination charge resulted in the United...more

EEOC Publishes Guidance on Employment Rights Related to Religious Garb and Grooming in the Workplace

On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a...more

The Road Not Taken

What is not alleged in a lawsuit can, paradoxically, sometimes serve as more of a cautionary note than what is, for its very absence brings it prominence. Such is the case with Saliba v. Five Towns College, 2014 WL 92690...more

EEOC Issues New Guidance on Religious Garb and Grooming in the Workplace

On March 6, 2014, the Equal Employment Opportunity Commission ("EEOC") released a new question-and-answer guide and accompanying fact sheet on religious dress and grooming in the workplace, under Title VII of the Civil Rights...more

Exhibit A: The Perils of Outdated Policies

Well structured, updated policies can be a first line of defense against employment related litigation and regulatory investigations. However, an organization’s policies can quickly turn from defensive tactic to litigation...more

EEOC Issues New Publications on Religious Garb and Grooming in the Workplace

Practical Guides Will Assist Employers and Employees - WASHINGTON- The U.S. Equal Employment Opportunity Commission today issued two new technical assistance publications addressing workplace rights and...more

Stacy Allen Speaks: Looking Back 50 Years At 'N.Y. Times v Sullivan' and the Civil Rights Movement

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more

Second Circuit Affirms Rulings In Long-Standing Suit Involving Title VII Class Claims Brought By New York City Teachers

Gulino v. The Board of Education of the New York City School District of the City of New York, No. 13-cv-1001 (2d Cir. Feb. 4, 2014): A recent decision by the Second Circuit Court of Appeals affirmed a ruling by the lower...more

Utah Employment Law Letter - January 2014: Religious Discrimination: Can’t be covered up: Applicant must request religious...

Often, employees and applicants hold religious beliefs and engage in religious practices that conflict with workplace rules and employment practices. Title VII of the Civil Rights Act of 1964 typically requires employers to...more

Employee Theft of Employer Documents—Protected Conduct in Opposition to Discrimination or Criminal Activity?

From time to time, there is media coverage about a teacher or other public school employee who has been charged with a serious crime that occurred outside the school environment. If this employee had previous convictions or...more

NH Court Provides Guidance on Title VII Third-Party Retaliation Claims

The U.S. Supreme Court has made clear that a third party may bring a retaliation claim against an employer under Title VII, broadly interpreting the law’s prohibition of any employer conduct that might dissuade a reasonable...more

JPMorgan Chase Will Pay $1,450,000 to Resolve EEOC Class Sex Discrimination Lawsuit

Female Mortgage Bankers in Columbus, Ohio Were Subjected to Sex-Based Harassment And Denied Lucrative Sales Opportunities, Federal Agency Charged - CLEVELAND - Financial giant JPMorgan Chase will pay $1,450,000 and...more

To Be Disrespectful Or Not To Be - That Is The Question

We’ve spent a lot of time talking about how the NLRB continues to have problems with policies and practices that prohibit employees from engaging in vague, undefined behavior that could constitute “protected concerted...more

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