Hostile Environment Equal Employment Opportunity Commission

News & Analysis as of

OFCCP Issues Final Rule on Sex Discrimination

Last week, the Office of Federal Contract Compliance Programs issued its Final Rule on Discrimination on the Basis of Sex. The new regulations rescind the OFCCP’s prior Sex Discrimination Guidelines and give regulatory effect...more

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases

The U.S. Supreme Court held in Green v. Brennan that the statute of limitations for a constructive discharge begins to run on the date of resignation, not the date of the employer’s last discriminatory act, resolving a...more

Resignation triggers clock start for filing constructive discharge claims

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Supreme Court Leaves Massive Attorney's Fee Award Against EEOC Unresolved

But Decision Could Still Be Helpful For Employers - Today, in a unanimous 8-0 decision, the U.S. Supreme Court declined to issue a definitive ruling on whether an employer is entitled to recover nearly $5 million dollars...more

Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately...more

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Asbestos Specialists, Inc. Will Pay $100,000 and Make Major Policy Changes to Resolve EEOC and OFCCP Investigations

WASHINGTON, D.C.-Asbestos Specialists, Inc. (ASI), a Baltimore-based company that specializes in asbestos removal and demolition in the Washington, D.C. area, will pay $100,000 and furnish significant equitable relief to...more

Federal Judge Awards EEOC $7,658,500 in Case Against Farm Labor Contractor Global Horizons

62 Thai Farmworkers Vindicated After Exploitation at the Hands of Global Horizons - LOS ANGELES - A federal judge has ordered farm labor contractor Global Horizons, Inc. to pay $7,658,500 for a pattern or practice of...more

The Employment Law Authority - March/April 2016

A federal appellate court recently held that an employer did not violate the Americans with Disabilities Act (ADA) when it discharged an employee who had been sleeping at work and falling short of the employer’s performance...more

“Lighten Up, Baby,” And Other Harassment “Best Practices” For Employers

Many employers ask me: “Robin, what are your ‘best practices’ for workplace sexual harassment?” I’m glad you asked! No. 1: Be sure that your policy on sexual harassment is boring and legalistic. The entire legal...more

Office Love Affairs: How to Prevent Scandal

Are things starting to get a little steamy around the office? Perhaps two employees have started to take long glances at each other from across the conference room, text each other like crazy, or maybe they have been known to...more

Is It OK To Tell Polish Jokes At Work? (Answer: NO)

By this point in the 21st century, most working professionals know that there are certain things that are absolutely unacceptable in today’s workplace. What might have been tolerable at an office setting in the 1970s can get...more

Hostile Work Environments and Sexual Orientation: EEOC Files First Federal Suits

Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications. In a...more

New York District Court Holds Sexual Orientation Not Protected by Title VII

Last week, the Equal Employment Opportunity Commission ("EEOC") announced filing its first federal lawsuits against private-sector businesses, challenging sexual orientation discrimination as sex discrimination....more

FYC International to Pay $80,000 to Settle EEOC Sexual Harassment Suit

Top Warehouse Manager Abused Women and Promoted a Culture Condoning Such Misconduct, Federal Agency Charged - NEW HAVEN, Conn. - FYC International Inc., a manufacturer and wholesaler of women's and children's clothing...more

EEOC Files First Two Lawsuits in Federal Court Alleging Sexual Orientation Bias under Title VII

Two lawsuits filed by the EEOC on March 1, 2016, appear to be part of the Commission’s Strategic Enforcement Plan. Priorities of the plan include “Addressing Emerging and Developing Issues” such as “coverage of lesbian, gay,...more

The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more

EEOC Files Its First Lawsuits Alleging Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (EEOC) has made it official—it will file lawsuits under Title VII based on sexual orientation discrimination. On March 1, 2016 the EEOC filed two federal lawsuits alleging that...more

EEOC Files First Suits Challenging Sexual Orientation Discrimination as Sex Discrimination

In Two Separate Lawsuits, Federal Agency Charges That a Gay Male Employee and a Lesbian Employee Were Subjected to Hostile Work Environments Because of Sex - WASHINGTON - The U.S. Equal Employment Opportunity Commission...more

Memphis Cheddar’s Settles EEOC Sexual Harassment Lawsuit for $450,000

Male Managers at Memphis Restaurant Sexually Harassed a Class of Female Employees, Federal Agency Charged - MEMPHIS - Mint Julep Restaurant Operations, LLC, an independent restaurant company and franchisee of the casual...more

EEOC Provides Transgender Compliance Wish List for Employers

On January 20, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) settled a transgender discrimination and harassment lawsuit against a national employer through a voluntary consent decree. The EEOC brought the...more

New EEOC Retaliation Guidance Seeks to Further Stack the Deck Against Employers

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released its proposed changes to its guidance on workplace retaliation. These changes mark the first time the EEOC has modified its guidance in...more

Employment Law - January 2016

Does The ADEA Permit Disparate Impact Suits by Applicants? Eleventh Circuit Says Yes - Why it matters - The Eleventh Circuit Court of Appeals created a circuit split with a decision that the Age Discrimination in...more

Hillshire Brands Company Pays $4 Million to Settle Race Discrimination Suit

African American Bakery Workers Subjected to Racist Comments and Graffiti in the Worksite, Federal Agency Charged - DALLAS - Hillshire Brands Company (formerly known as the Sara Lee Corporation) will pay $4 million to a...more

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