News & Analysis as of

Gender Discrimination Title VII

Constangy, Brooks, Smith & Prophete, LLP

Five tactics to dispel negative stereotypes of DEI

Wait, not everything about DEI on the internet is true? For organizations that desire to retain or implement DEI practices, it is vital to address common misperceptions or negative stereotypes about DEI. When DEI policies...more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

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In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

Husch Blackwell LLP on

The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

Franczek P.C.

Recent Supreme Court Decision Clarifies Lower Standard of Harm for Job Transfers under Title VII

Franczek P.C. on

In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more

Dentons

Promotion and Demotion – What to Watch For

Dentons on

In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

Conn Maciel Carey LLP on

On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

Benesch

EEOC Issues New Workplace Harassment Guidance

Benesch on

For the first time in a quarter-century, the U.S. Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on workplace harassment. The April 29-guidance consolidates and supersedes several iterations of...more

Proskauer - Law and the Workplace

EEOC Releases Final Guidance on Harassment in the Workplace

On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace. As Proskauer previously covered, this final guidance follows proposed guidance,...more

Bradley Arant Boult Cummings LLP

No More Adjectives… Just Some Harm: Supreme Rules on Title VII Job Transfer Threshold

If you transfer an employee to a job with no loss in pay or title but the employee thinks it is less desirable, can that employee sue you for discrimination under Title VII? While it depends on the facts, in Muldrow v. St....more

Constangy, Brooks, Smith & Prophete, LLP

Reverse gender identity discrimination? Yes, it's a thing.

What's good for the goose . . . A person who is discriminated against for not being transgender can have a valid claim under Title VII for “sex” (really, gender identity) discrimination. In McCreary v. Adult World, Inc., a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Sis-Bro, Inc. for Gender Identity Discrimination and Harassment

Hog Farm Owner and Employees Harassed Transgender Employee, Federal Agency Charges - CHICAGO – Sis-Bro, Inc., a hog farm in New Athens, Illinois, violated federal law when it allowed an employee to be harassed because of...more

Constangy, Brooks, Smith & Prophete, LLP

“Show Me the Money”: Pay equity and transparency in the workplace

Today is National Equal Pay Day. They say that the average woman has to work from January 1, 2023, through March 12, 2024, to make as much money as a man who worked only in calendar year 2023. While there are many...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Florida Workplace Bills for Employers to Watch During the 2024 Legislative Session

Florida’s 2024 regular legislative session runs from January 9 through March 8, 2024, and is one to watch for employers. Dozens of workplace bills have been filed. If passed, three sets of these bills may have a particularly...more

Faegre Drinker Biddle & Reath LLP

Menopause in the Workplace: A Multi-Faceted Issue

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

Akerman LLP - HR Defense

LGBTQ+ Protections, Virtual Harassment, and Social Media Posts: The EEOC Updates Its Harassment Guidance for the 21st Century

The Equal Employment Opportunity Commission (EEOC) has published draft enforcement guidance regarding workplace harassment, entitled “Proposed Enforcement Guidance on Harassment in the Workplace.” The proposed guidance sets...more

Husch Blackwell LLP

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

Constangy, Brooks, Smith & Prophete, LLP

Fifth Circuit eviscerates a requirement for Title VII claims. What’s next?

In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to...more

BakerHostetler

Fifth Circuit Opens the Door to More Discrimination Claims

BakerHostetler on

The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Bradley Arant Boult Cummings LLP

Ultimatum on Ultimate Employment Decisions:  Fifth Circuit Expands Standard on Adverse Employment Decisions Under Title VII

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an...more

Steptoe & Johnson PLLC

Employers Within the Fifth Circuit Are Now Open to More Claims Under Title VII with the Abandonment of the Previous Title VII...

Steptoe & Johnson PLLC on

The Fifth Circuit no longer limits Title VII claims to “ultimate employment decisions” per the en banc decision in Hamilton v. Dallas County. In Hamilton, a group of female officers alleged that the Dallas County...more

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