Civil Rights Act

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Supreme Court to Review EEOC’s Charge Conciliation Obligation

Under Title VII and related federal civil rights laws, if the Equal Employment Opportunity Commission finds cause to believe that an employee’s rights have been violated, the agency is required to attempt to negotiate a...more

A Private Claim Under the New Jersey Civil Rights Act Requires the Presence of State Action, New Jersey Supreme Court Holds

In two companion cases, Perez v. Zagami, LLC, A-36-12 (May 21, 2014), and Cottrell v. Zagami, A-5-13 (May 21, 2014), the New Jersey Supreme Court confirmed that the New Jersey Civil Rights Act (NJCRA) offers no private cause...more

Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more

Atlanta Federal, State Government Agencies to Observe 50th Anniversary of 1964 Civil Rights Act

Landmark Legislation Still Holds Significance for Millions of Americans - ATLANTA - Several government agencies will join forces on July 11 to commemorate the 50th anniversary of President Lyndon B. Johnson's signing...more

Tampa Bay Federal, Local Government Agencies to Observe 50th Anniversary of 1964 Civil Rights Act

Landmark Legislation Still Holds Significance for Millions of Americans - TAMPA, Fla. - Several government agencies will join forces on July 2 to commemorate the 50th anniversary of President Lyndon B. Johnson's...more

South Florida Federal, Local Agencies to Observe 50th Anniversary of 1964 Civil Rights Act

Landmark Legislation Still Holds Significance for Millions of Americans - MIAMI -- Several federal agencies and local government bodies will join forces on July 2 to commemorate the 50th anniversary of President Lyndon...more

Some Employers Likely to See Increased Litigation Costs in EEOC Cases

Employers in Indiana, Illinois, and Wisconsin are likely to see their legal fees increase as a result of a Seventh Circuit decision that allows the U.S. Equal Employment Opportunity Commission to file suit immediately instead...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 32: Understanding Retaliation Claims Under...

One of the plaintiffs’ bar’s perennial favorite claims is the amorphous and, hence, ubiquitous retaliation claim. Over the years, the law under Title VII has made these claims more difficult for plaintiffs to bring. At the...more

EEOC Joins Office of U.S. Attorney, Bar Association, Law School in Continuing Legal Education Seminar

Agencies to Explore How Title VII of Civil Rights Act of 1964 Remade America - MEMPHIS, Tenn. - On Friday, June 13, the Birmingham and Memphis District Offices of the U.S. Equal Employment Opportunity Commission (EEOC)...more

Where Title VII, electrical utility market, and Peter Rabbit meet

In 1902, Beatrix Potter published “The Tale of Peter Rabbit.” It was an unexpected success, and by the time she passed away, she had published 23 books and secured for herself both a handsome income and a place in the history...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 25: The Rise in Frequency of Retaliation...

When considering Title VII complaint statistics, it is usually assumed that race discrimination or sexual harassment claims would be the most frequent charge. Since 2009, however, a different claim became the statistical...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 16: Employers Fight Against Title VII...

Summary judgment motions have long been in the toolkit for employers to combat weak and frivolous Title VII claims brought by their former (and sometimes, current) employees. But that was not always the case, and recent...more

The New Jersey Civil Rights Act Authorizes a Private Cause of Action Only Against Persons Acting Under “Color of Law”

On May 21, 2014, the New Jersey Supreme Court ruled that a private cause of action under the New Jersey Civil Rights Act (Act), N.J.S.A. 10:6-2(c)1, may be pursued only against persons acting under “color of law.” Perez v....more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 15: Affirmative Action For Federal...

Within months of signing Title VII into law, President Lyndon B. Johnson signed Executive Order 11246 on September 24, 1965, establishing requirements for ensuring non-discriminatory practices on four grounds (race, color,...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 11: Workplace Investigations and the Good...

Allegations of employee misconduct – particularly as they relate to claims of discrimination and harassment – have been raised in the workplace ever since the Civil Rights Act was passed. But human resource executives were...more

See No Evil, Hear No Evil: See No Defense for Third-Party Harassment?

It is rare that a distinguished federal appellate court invokes the “See No Evil, Hear No Evil” approach to deciding a case, but this is exactly what happened in a recent decision involving a North Carolina based tile and...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 9: And Then There Were None”: The Story...

The EEOC made a name for itself in the early days of Title VII by bringing large “pattern or practice” cases. Employers were forced to reevaluate their policies to see if protected groups — frequently females — were being...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 7: The Pregnancy Discrimination Act of 1978

You Mean Gender Discrimination Under Title VII Didn’t Always Include Pregnancy? We often think of the Civil Rights Act of 1964 first through the lens of race discrimination—understandably so, since the televised images of...more

Is Forum Shopping for Equal Rights on the Horizon?

Race discrimination claims brought by members of the racial majority have long been recognized as legitimate claims under Title VII of the Civil Rights Act of 1964 (Title VII) and various state discrimination laws. However,...more

Court Holds Employer Can Be Liable For Harassing Actions Of Its Customer If It Does Not Take Reasonable Steps To Prevent The...

On April 29, 2014, the Fourth Circuit held that a plaintiff had triable sexual and racial harassment claims under Title VII regarding conduct by a customer of her former employer. During her employment, the plaintiff...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 4: In 1991, Congress Broadens the Law

By the late 1980’s, the legal battles concerning employment discrimination had become increasingly mature and several cases had been decided by the United States Supreme Court favorable to employers. In the Civil Rights Act...more

The EEOC Takes Aim, Once Again, at Employers’ Separation Agreements

On April 30, 2014, the U.S. Equal Employment Opportunity Commission filed suit against a private college, charging for the second time in two months that an employer’s severance agreement was unlawful. The EEOC alleged that...more

The 50 Most Important Developments In Discrimination Law From The Last 50 Years

At Hirschfeld Kraemer, we are going to be marking the 50 year anniversary of Title VII of the 1964 Civil Rights Act with a daily series of blog posts called The 50 Most Important Developments In Discrimination Law From The...more

Second EEOC Right-To-Sue Letter on Same Disability Discrimination Charge Cannot Save Late-Filed ADA Claim; First Circuit Rejects...

Judge Selya’s recent First Circuit opinion in Rivera-Diaz v. Humana Insurance of Puerto Rico, Inc., hammers home the importance of strictly abiding by Title VII’s procedural requirements for filing discrimination claims in...more

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

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