News & Analysis as of September 19, 2024

Dress Codes

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

OFCCP Week In Review: June 2022 #2

DirectEmployers Association on 6/13/2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Practical Questions for Employers Following the Bostock Decision, Part 2: Dress Codes and Grooming Standards

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/2/2020

On June 15, 2020, the Supreme Court of the United States issued its decision in Bostock v. Clayton County, Georgia, holding that, pursuant to Title VII of the Civil Rights Act of 1964, as amended, covered employers may not...more

Web Exclusive: April 2019: The Top 16 Labor And Employment Law Stories

Fisher Phillips on 5/14/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Employee Grooming Policies and the Limits of Title VII

Polsinelli on 5/18/2018

Employers may regulate the length, style, and neatness of employees’ hair in the workplace through so-called grooming policies, unless the hair style is a matter of sincere religious observance posing no more than a minimal...more

Aviation Port Services Sued by EEOC For Religious Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 5/8/2018

Employer Fired Passenger Service Agents for Requesting Religious Accommodations, Federal Agency Charges - BOSTON - Aviation Port Services, LLC, a Sumner, Wash.-based nationwide provider of support services to airlines,...more

When the EEOC Comes Knocking - Federal Court Permits EEOC to Enter, Inspect, and Photograph Business Facility

Poyner Spruill LLP on 3/27/2018

Last week, a United States Magistrate Judge authorized a legal photographer and two EEOC lawyers to enter, inspect, and photograph Akebono Brake Corporation’s West Columbia, South Carolina facility.¹ Although Akebono...more

EEOC Sues MVM, Inc. for Racial Harassment, Religious Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 7/21/2017

Security Firm Forced Out Guard for Complaining About Racial Insults, Federal Agency Charges - BALTIMORE - MVM Inc., an Ashburn, Va.-based diversified security services firm, violated federal law when it stopped...more

Tim Horton's In Romulus Sued By EEOC for Failure To Provide Religious Accommodation

U.S. Equal Employment Opportunity Commission... on 7/20/2017

Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - DETROIT - Sleneem Enterprises, LLC, a franchise operator of Tim Horton's Café and Bake Shop in Romulus, Mich., violated federal law by...more

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

Cozen O'Connor on 7/20/2017

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

HospitalityStaff To Pay $30,000 To Settle EEOC Religious Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/15/2017

Staffing Company Refused to Accommodate Rastafarian Employee's Dreadlocks, Federal Agency Charged - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry will pay $30,000...more

California Employers Will Soon See New Workplace Regulations Take Effect - Rules On Transgender Discrimination And Criminal...

Fisher Phillips on 6/12/2017

In recent months, the California Fair Employment and Housing Council (FEHC) has finalized two new sets of regulations that will both go into effect on July 1, 2017. California employers should pay close attention to these new...more

March A-Wear-Ness: Uniforms, Dress Codes, and Employee Choice

Mintz - Employment Viewpoints on 4/4/2017

The basketball court isn’t the only place you’ll see interesting uniforms this month. Many employers choose to implement and enforce their own uniform requirements and dress codes at work. But if done incorrectly, uniforms...more

6 Employment Actions That Can “Automatically” Land Your Hospital In Court

Fisher Phillips on 2/10/2017

As a healthcare employer, it must be tempting to want to develop rigid workplace rules that will help newbie bosses reach conclusions almost automatically, especially where the best nurses or techs often become supervisors...more

EEOC Files Religious Discrimination Lawsuit Against Akebono Brake Corporation

U.S. Equal Employment Opportunity Commission... on 11/3/2016

Company Refused to Hire Woman as Temp Worker Because Her Religion Forbade Her to Wear Trousers, Federal Agency Charges - COLUMBIA, S.C. - Akebono Brake Corporation, a Michigan-based company that designs and manufactures...more

Termination for Refusal to Cut Dreadlocks Not Race Discrimination

Parker Poe Adams & Bernstein LLP on 10/4/2016

In recent years, the Equal Employment Opportunity Commission has attempted to expand the definition of race under Title VII. The agency takes the position that race includes cultural characteristics and individual expressions...more

Employer Wins Dreadlocks Deadlock: Three Things To Know About Latest Court Decision

Fisher Phillips on 9/27/2016

A federal appeals court recently ruled that a woman rejected from a job because she refused to cut her dreadlocks could not proceed with a race discrimination claim against the employer. The decision highlights the...more

Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics

Seyfarth Shaw LLP on 9/20/2016

Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Shaw LLP on 8/19/2016

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

Court Allows EEOC’s Discrimination Suit Over Religious Garb To Proceed To Jury

Seyfarth Shaw LLP on 10/9/2015

In an order recently issued in EEOC v Jetstream Ground Services, Inc., Case No. 13-CV-02340 (D. Colo. Sept. 29, 2015), Judge Christine Arguello of the U.S. District Court for the District of Colorado ruled that the EEOC had...more

Supreme Court Expands Religious Discrimination Liability

Maynard Nexsen on 7/31/2015

Most employers know that Title VII prohibits discrimination against applicants or employees based on religion. They also know that Title VII requires employers to provide reasonable, religion-based accommodations to employees...more

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Proskauer - California Employment Law on 7/30/2015

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

Abercrombie Resolves Religious Discrimination Case Following Supreme Court Ruling in Favor of EEOC

U.S. Equal Employment Opportunity Commission... on 7/29/2015

WASHINGTON - A federal appeals court has granted Abercrombie & Fitch's request to dismiss its appeal of EEOC's successful religious discrimination suit against the company, the federal agency announced today. This represents...more

U.S. Supreme Court Rules Against Abercrombie In Headscarf Religious Accommodation Case

Laner Muchin, Ltd. on 7/7/2015

The U.S. Supreme Court reinstated the EEOC’s lawsuit against Abercrombie & Fitch Stores, Inc., alleging that Abercrombie violated Title VII of the Civil Rights Act of 1964 by refusing to hire a Muslim applicant, who wore a...more

Supremes Say Abercrombie Not So Hip

Sherman & Howard L.L.C. on 6/30/2015

The U.S. Supreme Court just issued its much-awaited religious discrimination decision in EEOC v. Abercrombie & Fitch, 575 U.S. ___ (June 1, 2015) (No. 14-86). Samantha Elauf applied for a job with A&F and was denied the job...more

Employer’s Motive, Not Confirmed Knowledge Of Accommodation Need, Is Basis Of Religious Accommodation Violation

Fenwick & West LLP on 6/26/2015

Federal anti-discrimination laws (“Title VII”) prohibit an employer from refusing to hire a candidate to avoid accommodating a suspected, but unconfirmed religious practice, according to a recent United States Supreme Court...more

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