Civil Rights Act

News & Analysis as of

Shifting sands: the changing landscape of transgender discrimination

Laws related to transgender discrimination are in a state of rapid flux. In the past couple of years, courts’ views on the law, particularly federal ones, have swung back and forth like a pendulum. Indeed, the interpretation...more

Keys To Successor Liability: EEOC Discrimination Suit In Alabama

Seyfarth Synopsis: An Alabama district court granted a temporary staffing company’s motion to dismiss all claims in one of the EEOC’s most high-profile lawsuits asserting hiring discrimination and abuse of vulnerable workers....more

Rite Way to Settle EEOC Retaliation Suit

Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation - GULFPORT, Miss. - Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to...more

Ultracare Las Vegas Settles EEOC Sex Discrimination Lawsuit

Placement Agency Fired Male Employee Because Of His Gender, Federal Agency Charged - LAS VEGAS - Ultracare Las Vegas, an ultrasound technician provider, will pay $15,000 and furnish other relief to settle a sex...more

Kasco to Pay $110,000 to Settle EEOC Discrimination and Retaliation Lawsuit

Butcher Supply Company Fired Muslim Afghan Woman for Complaining About National Origin and Religious Discrimination, Federal Agency Charged - ST. LOUIS -- KASCO, LLC, a St. Louis company which manufactures and sells...more

Dear Littler: How Should I Handle Customer Concerns about a Transgender Employee?

Dear Littler: We have a transgender employee at work, Sarah, who identifies and presents as a female. She is in the process of transitioning and still occasionally exhibits traditionally “male” physical attributes. A client...more

Third Circuit Permits Teaching Hospital Resident to Bring Retaliation Suit under Title IX

For the first time, the Third Circuit Court of Appeals found that Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, et seq., applies to medical residency programs. Relying on extensive Supreme Court precedent and...more

EEOC Charlotte District Office Pilots Online Inquiry and Appointment System for The Public

New System Provides Online Interaction With the Federal Agency - CHARLOTTE, N.C. -- The Charlotte District Office of the U.S. Equal Employment Opportunity Commission (EEOC) is one of five offices that will pilot the EEOC...more

Eleventh Circuit Rules that Title VII Does Not Prohibit Sexual Orientation Discrimination

On March 10, 2017, a three-judge panel of the U.S. Eleventh Circuit Court of Appeals held in Evans v. Georgia Regional Hospital that Title VII does not prohibit discrimination on the basis of sexual orientation. Accordingly,...more

Executive Management Services to Pay $12,500 to Settle EEOC Sex Discrimination Lawsuit

Cleaning Services Provider Refused to Hire Qualified Male for Janitor Job Because of His Gender, Federal Agency Charged - CHARLOTTE, N.C. - Executive Management Services, Inc. (EMS), an Indiana-based corporation that...more

Fourth Circuit Affirms Summary Judgment Based on Lack of Comparator Evidence

On March 7, 2017, the Fourth Circuit Court of Appeals, which includes North and South Carolina, upheld a trial court’s order granting summary judgment to the District of Columbia in a race discrimination lawsuit brought by a...more

Medical Residents May Sue Under Title IX

In a decision likely to have significant implications for hospitals and other educational programs that receive federal financial assistance, the Third Circuit Court of Appeals recently held that a Philadelphia hospital can...more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Nestlé Waters North America To Pay $300,000 To Settle Sex Discrimination Lawsuit

Water Company Denied Position to Veteran Manager Because of Her Gender, Then Eliminated Her Job Due to 'Consolidation,' Federal Agency Charges - TAMPA, Fla. -- Nestlé Waters North America, a Stamford, Conn.-based...more

Supreme Court Remands Transgender Rights Case to Court of Appeals After Trump Administration Withdraws Obama Era Guidance

Seyfarth Synopsis: On March 6, 2017, the Supreme Court remanded a highly anticipated transgender rights case back to the Court of Appeals after the Trump Administration withdrew Obama era guidance regarding the rights of...more

SCOTUS, New Dear Colleague Letter Muddle Transgender Issues Under Title IX

The U.S. Departments of Justice and Education have withdrawn existing guidance on transgender students and issued a new Dear Colleague Letter calling into question whether Title IX requires that schools permit students to use...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

DOE and DOJ Withdrawl of “Dear Colleague” Letter Leaves FERPA’s Guidance Unresolved

On February 22, 2017, the Department of Justice (DOJ) and Department of Education (DOE) withdrew their May 13, 2016 “Dear Colleague” letter that provided guidance on steps to protect transgender students under Title IX of the...more

EEOC: Harassment Continues to be a Serious Problem in the Workplace

Unlawful harassment is alive and well in the workplace. According to a report issued last year by a Select Task Force of the Equal Employment Opportunity Commission (“EEOC”) on the Study of Harassment in the Workplace (the...more

Federal Government Reverses Position on Transgender Students’ Use of School Facilities

Education Alert February 27, 2017 On February 22, 2017, the Department of Education and the Department of Justice withdrew two guidance letters from January 2015 and May 2016 that explained the former administration’s...more

Annual Report on EEOC Developments – Fiscal Year 2016

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Trump Administration Withdraws Transgender Guidance

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

Trump Administration Rescinds Guidance on Transgender Rights under Title IX

The Trump Administration has announced that the Department of Education (DOE) and the Department of Justice (DOJ) rescinded the Obama Administration’s May 2016 Dear Colleague Letter directing that schools “treat a student’s...more

With Supreme Court Review Looming, Feds Issue Immediate Withdrawal of Previous Title IX Guidance

Following the recent confirmations of Secretary of Education Elizabeth Devos and Attorney General Jeff Sessions, the new Trump administration has moved quickly to withdraw prior guidance concerning discrimination of...more

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