Hiring & Firing Retaliation Title VII

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... more +
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 -
News & Analysis as of

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

New Harassment and Retaliation Standard in Fourth Circuit

Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

Single Incident of Severe Verbal Harassment Can Be Sufficient to Establish a Hostile Working Environment

In Boyer-Liberto v. Fontainebleau Corp., 2015 WL 2116849 (4th Cir. May 7, 2015), the Fourth Circuit recently held that an isolated, but "extremely serious" incident of verbal harassment can establish a hostile work...more

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more

6th Circuit: Telling Supervisor to Stop Harassing Conduct Is Protected Activity Under Title VII

A company cannot fire an employee in retaliation for complaining to supervisors about sexual harassment, the Sixth Circuit recently held in Equal Employment Opportunity Commission v. New Breed Logistics, No. 13-6250 (6th Cir....more

ACM Services to Pay $415,000 to Settle EEOC Class Race, Gender Discrimination and Harassment Suit

Contractor Shunned Blacks and Women for Jobs, and Harassed and Fired Two Women for Opposing the Discrimination, Federal Agency Charged - BALTIMORE - ACM Services, Inc., a Rockville, Md.-based environmental remediation...more

Practical Tips for Dealing with an EEOC Charge

The first step for most disgruntled employees who believe they have been discriminated against is to file a Charge of Discrimination with the EEOC, which is a prerequisite for filing a lawsuit under several discrimination...more

Food Lion Sued by EEOC for Religious Discrimination

Grocer Refused Accommodation for Jehovah's Witness's Worship Services, Federal Agency Charged - WINSTON SALEM, N.C. - Supermarket chain Food Lion, LLC violated federal law when it refused to provide a religious...more

Turner Machine Company Settles EEOC Retaliation Lawsuit for $80,000

Manufacturer Fired Engineer After He Filed a Discrimination Charge, Federal Agency Charged - NASHVILLE, Tenn. - Turner Machine Company will pay $80,000 and furnish other significant equitable relief to resolve a...more

EEOC Sues Bliss Cabaret for Race Discrimination and Retaliation

Clearwater Adult Club Fired Manager for Opposing Owner's Racially Discriminatory Practice, Federal Agency Charges - TAMPA, Fla - A Clearwater, Fla., adult entertainment club violated federal law by racially...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 37: The Supreme Court Raises The Bar On...

Throughout this series, we have discussed how common retaliation claims have become and how challenging the courts have found it to define “causation” in the context of Title VII cases. Those two trends intersected recently...more

Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination...

Additional Relief in the Form of Job Offers and Other Benefits Will Be Offered to Vulnerable Thai Laborers, Says Federal Agency - LOS ANGELES - Three years after filing suit against farm labor contractor Global...more

Bright Petroleum Inc. Sued by EEOC for Retaliation

Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charges - INDIANAPOLIS - Bright Petroleum Inc. d/b/a The Bright Market violated federal law by retaliating against a manager who filed and...more

EEOC Sues Farmers Insurance for Race Bias in the Firing of Asian-American Claims Representatives

Insurance Giant Also Discharged Caucasian in Retaliation for Providing Testimony During the Discrimination Investigation, Federal Agency Charges - FRESNO, Calif. - Farmers Insurance Exchange violated federal law...more

EEOC Sues Annapolis Internal Medicine for Pregnancy Discrimination and Retaliation

Medical Practice Fired Receptionist Who Complained About Pregnancy Discrimination, Federal Agency Charges - BALTIMORE - A large Annapolis, Md.-based internal medicine practice violated federal law when it fired a...more

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation

Dried Fruit Producer Fired a Class of Workers Who Protested the Widespread Abuse by Supervisors, Federal Agency Charges - FRESNO, Calif. - Z Foods, Inc., doing business as Zoria Farms, and its predecessor company,...more

Firing of Employee After His Angry Outburst During Mediation Did Not Constitute Retaliation

While the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not prohibit all employer action after an employee has filed a discrimination charge or lawsuit, it precludes employers from taking an...more

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims

On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer’s ability to defend against employee claims of harassment and retaliation. ...more

Supreme Court Narrows Scope Of Employer’s Liability For Title VII Claims Against Co-workers

On June 24, 2013 in the case Vance v. Ball State University, the Supreme Court defined the scope of supervisory status as it applies to harassing co-workers under Title VII of the Civil Rights Act of 1964 (“Title VII”). ...more

Supreme Court Ruling Defines "Supervisor" and Gives Clarity, Peace of Mind to Employers

Last month the U.S. Supreme Court adopted a bright-line standard for determining which employees qualify as supervisors in harassment lawsuits filed under Title VII of the 1964 Civil Rights Act, thus resolving a split in the...more

California Employment Law Notes - July 2013

Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

Recent Supreme Court Cases Raise Bar for Plaintiffs Under Title VII

Two cases decided by the U.S. Supreme Court at the end of its 2012-13 term, University of Texas Southwestern Medical Center v. Nassar and Vance v. Ball State University, will significantly alter the landscape of employment...more

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

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