Civil Rights Act

News & Analysis as of

EEOC Sues Frontier Hot-Dip Galvanizing for Race and National Origin Harassment, and Retaliation

Employer Permitted Racist Slurs and Graffiti, Then Fired Employees Who Complained - BUFFALO, N.Y. - A Buffalo provider of metal coating violated federal law when it permitted race-based harassment of black employees by...more

EEOC Sues Profile Cabinet for Discrimination Against Black Employees

Termination of Employees Violated Title VII of the Civil Rights Act, Federal Agency Says - ST. LOUIS -- QWP Holdings, LLC, dba Profile Cabinet and Design, a Kansas City, Mo., company which designs, builds and sells...more

The Seventh Circuit Clarifies Evidentiary Standards in Employment Discrimination Cases

In Ortiz v. Werner Enterprises, Inc., the Seventh Circuit stated in very clear terms that lower courts and parties to discrimination actions should not divide evidence into direct and circumstantial buckets under the familiar...more

Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

Out With the Old “Mad Men” Era Sex Discrimination Guidelines for Federal Contractors

By Final Rule on August 15, 2016, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) updated its sex discrimination guidelines, in an effort to ensure that companies doing business with the...more

Section 1557 of the Affordable Care Act Requires Healthcare Providers to Take Certain Steps in 2016 to Promote Equity

Section 1557 of the Affordable Care Act aims to advance healthcare equity. This statutory provision provides that current non-discrimination laws, such as the Civil Rights Act of 1964, will now apply to individuals and...more

Mass. Pay Equity Law Brings Wave of Hiring Restrictions

Signaling a new era in employee pay equity, "The Act to Establish Pay Equity" will require Massachusetts employers to make sweeping changes in their pay and hiring practices. Among the most significant changes, the Act bars...more

Massachusetts Expands Protections To Transgender Individuals

As of October 1, “places of public accommodation” in Massachusetts will be prohibited from discriminating based on gender identity. That is, persons accessing a “place of public accommodation” must be permitted to use...more

Fifth Circuit Court of Appeals Decision Worsens Headaches for Employers Negotiating Pattern or Practice EEOC Claims

In Equal Employment Opportunity Commission v. Bass Pro Outdoor World, L.L.C., a three-judge panel of the Fifth Circuit Court of Appeals held that the EEOC can seek punitive and compensatory damages for a pattern or practice...more

Ninth Circuit Holds Section 1983 First Amendment Retaliation Claim Not Necessarily Precluded By Age Discrimination in Employment...

On August 5, 2016, the U.S Court of Appeals for the Ninth Circuit held that the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment retaliation claim under section 1983 of the federal Civil Rights...more

Seventh Circuit Holds that Title VII - as it Stands - Does not Encompass Sexual Orientation Discrimination

In Hively v. Ivy Tech Community College, 2016 WL 4039703 (7th Cir. July 28, 2016), the court held that Title VII of the Civil Rights Act (Title VII) does not encompass claims for sex discrimination based on sexual...more

A Conflicted 7th Circuit Holds Title VII Does Not Cover Sexual Orientation Discrimination

In a precedent-setting decision, the U.S. Court of Appeals for the Seventh Circuit ruled on July 28th that Title VII does not protect against sexual orientation discrimination. The case is Kimberly Hively v. Ivy Tech...more

EEOC: Title VII Prohibits Employment Discrimination Based on Gender Identity, Sexual Orientation

The Equal Employment Opportunity Commission has stated definitively that it interprets, and will enforce accordingly, the Civil Right Act’s Title VII’s prohibition on sex discrimination as encompassing employment...more

Discrimination Based on Sexual Orientation Not Protected by Title VII, Federal Court Rules

The anti-discrimination protections under Title VII of the Civil Rights Act do not encompass workplace discrimination on the basis of sexual orientation, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has...more

Dunkin’ Donuts Franchise to Pay $150,000 to Settle Sexual Harassment Lawsuit

Doughnut Franchise Manager Sexually Harassed Young Female Employees, Some in Their Teens, and Retaliated Against Worker Who Resisted Advances, Federal Agency Charged - NEW YORK - Hillcrest Marshall, Inc., which owns...more

Time to start filing your EEO-1 and VETS-4212 reports!

It’s that time of the year! No, back-to-school is still a few weeks away. It’s time for employers to start filing their EEO-1 and VETS-4212 reports. The filing period for the EEO-1 and VETS-4212 Reports is now open....more

Federal Appeals Court Decries State of Federal Civil Rights Law on Sexual Orientation Discrimination

On Thursday, the United States Court of Appeals for the Seventh Circuit re-affirmed prior court holdings that Title VII of the Civil Rights Act does not prohibit discrimination based on sexual orientation, but in so doing...more

Seventh Circuit Makes the Case for Covering Sexual Orientation Under Title VII—Then Punts to the Supreme Court

A former adjunct teacher who accused her employer of sexual orientation discrimination lost her case because federal law does not offer protection for employees who say they are discriminated against on that basis. A panel...more

HospitalityStaff Sued by EEOC for Religious Discrimination

Orlando Staffing Company Fired Rastafarian Employee Because of His Dreadlocks, Federal Agency Charges - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry violated...more

DC Court: EEOC Guidance Final Action Subject to Review in Federal Court

A recent decision by the U.S. Court of Appeals for the Fifth Circuit is a reminder to important federal agencies that they must take care to adhere to the requirements of the Administrative Procedure Act (APA) when they issue...more

Weekend Roundup of Environmental and Regulatory Law Developments

Recently there have been some interesting developments in environmental and regulatory law, including litigation, administrative and regulatory actions, and legislation. I’ve provided you with a little lite reading to ease...more

Supreme Court Upholds Consideration of Race in a College Admissions Program – What Does This Mean for Employer Diversity Efforts?

On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more

Final Gender Discrimination Rule for Federal Contractors Issued

Federal contractor healthcare plans, leave policies, accommodation practices, gender identity protections, and other employment practices to face increased scrutiny. For the first time in more than 40 years, the US...more

Recent EEOC guidance to employees under the ADA, PDA and Title VII provides useful information to employers, too!

The EEOC has recently issued guidance addressing a variety of issues under the Americans with Disabilities Act, the Pregnancy Discrimination Act, and Title VII of the Civil Rights Act. What is unique about this recent...more

The EEOC Special Task Force Issues Its Report on the Study of Harassment in the Workplace and Finds that “We Have Come Far But...

The EEOC Special Task Force (“Task Force”) has spent the last 18 months examining the myriad and complex issues associated with harassment in the workplace. Thirty years after the U.S. Supreme Court held in the landmark case...more

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