News & Analysis as of

Title VII › Diversity and Inclusion Standards (D&I)

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Constangy, Brooks, Smith & Prophete, LLP

Five tactics to dispel negative stereotypes of DEI

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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

Trusaic

Pay Equity Remediation Is Prevalent: Proceed With a Foundation of Compliance

Trusaic on

As pay equity continues to evolve as a key component of total rewards and talent management strategy, organizations are increasingly focused on remediating pay disparities. WorldatWork’s 2024-25 Salary Budget Survey revealed...more

Littler

Littler Lightbulb: July Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month....more

Husch Blackwell LLP

State Attorneys General Clash Over the Legality of DEI Initiatives

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From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs...more

Husch Blackwell LLP

Bill Introduced by J.D. Vance Would Seek to “Dismantle” All Federal DEI Programs

Husch Blackwell LLP on

While properly implemented DEI programs remain permissible under Title VII and other applicable laws, recent legislation proposed by Senate and House Republicans would seek to eliminate any such programs sponsored or...more

Parker Poe Adams & Bernstein LLP

Mandatory Unconscious Bias Training Did Not Violate Title VII

Parker Poe Adams & Bernstein LLP on

Employers are facing an increasing number of Equal Employment Opportunity Commission (EEOC) charges and lawsuits from white employees who claim that exposure to diversity, equity and inclusion (DEI) training at work...more

Jackson Lewis P.C.

EEOC Commissioner Andrea Lucas Discusses Workplace DEI

Jackson Lewis P.C. on

Jackson Lewis Principal and Board Member Tanya Bovée interviewed U.S. Equal Employment Opportunity Commission (EEOC) Commissioner Andrea Lucas at Jackson Lewis’ Workplace Horizons conference in Las Vegas on April 17, 2024. ...more

WilmerHale

Corporate DEI Landscape - One Year After SFFA

WilmerHale on

In the year since the Supreme Court’s highly anticipated decision in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina (SFFA), effectively eliminating race-conscious...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Skadden, Arps, Slate, Meagher & Flom LLP on

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

Morgan Lewis

DEI and Best Practices in Corporate America: Harvard/UNC One Year Later

Morgan Lewis on

All eyes were on the US Supreme Court in June 2023 as the justices were poised to issue their decision in Students for Fair Admissions v. Harvard & UNC. As colleges and universities awaited the decision and wondered what it...more

Davis Wright Tremaine LLP

LGBTQ Rights in the Workplace: One Step Forward and Three Steps Back

Davis Wright Tremaine LLP on

Vicky Slade is an employment lawyer at Davis Wright Tremaine LLP and co-leads the firm's DEI Counseling Practice. Vicky has extensive experience and training in Diversity, Equity, and Inclusion, including an Advanced...more

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

DEI Under Scrutiny, Part X: Eleventh Circuit Blocks Venture Capital Fund’s Grant Contest for Black Women-Owned Businesses

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

The U.S. Court of Appeals for the Eleventh Circuit blocked a contest by a venture capital fund that provided grants and other benefits to black women-owned businesses, finding the contest is likely to unlawfully discriminate...more

Orrick, Herrington & Sutcliffe LLP

Discerning the EEOC’s Stance on Corporate DEI Programs

Orrick, Herrington & Sutcliffe LLP on

In the wake of last year’s historic Supreme Court decision striking down affirmative action in college admissions, employers and others have been asking the Equal Employment Opportunity Commission to provide guidance on how...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Kohrman Jackson & Krantz LLP on

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

Conn Maciel Carey LLP

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

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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

ArentFox Schiff

Do No Harm: SCOTUS Makes it Easier for Employees to Succeed on Discrimination Claims Based on Internal Job Transfers

ArentFox Schiff on

When transferring an employee or making changes to their job duties, employers now face an increased risk of claims under Title VII. On April 17, the US Supreme Court unanimously held that plaintiffs alleging discrimination...more

Foley & Lardner LLP

Update: Supreme Court Revises Title VII’s Decades-Old “Adverse Employment Action” Standard for Discriminatory Transfers

Foley & Lardner LLP on

In January 2024, we reported on a significant case, Muldrow v. City of St. Louis, Missouri, No. 22-193, which was then pending before the United States Supreme Court. On April 17, 2024, the Court issued its decision in this...more

Davis Wright Tremaine LLP

Supreme Court Loosens Adverse Action Standard for Discrimination Claims – But Avoids Dooming DEI

Davis Wright Tremaine LLP on

The Supreme Court made it easier for claimants to assert discrimination claims under Title VII in its April 17 ruling in Muldrow v. City of St. Louis, et al. Previously, courts required a plaintiff to show that a workplace...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Holland & Hart - Employers' Lawyers

Supreme Court Lowers Bar for Adverse Actions

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Can an employee sue under Title VII to challenge a lateral transfer, even if the transfer does not result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is: Yes....more

Ballard Spahr LLP

SCOTUS Lowered the Threshold of Harm Required for Title VII Discrimination Claims

Ballard Spahr LLP on

Last week, on April 17, 2024, the US Supreme Court unanimously held in Muldrow v. City of St. Louis, Missouri, et al., that an employee challenging a job transfer under Title VII of the Civil Rights Act of 1964 (Title VII)...more

Spilman Thomas & Battle, PLLC

The U.S. Supreme Court Lowers the Standard for an Employee to Prove Workplace Discrimination from an Involuntary Job Transfer

Spilman Thomas & Battle, PLLC on

On April 17, 2024, the United States Supreme Court issued its unanimous decision in Muldrow v. St. Louis, 601 U.S. _____ (2024), which addressed the appropriate standard for evaluating whether a job transfer – even where the...more

Snell & Wilmer

New U.S. Supreme Court Case Casts a Wide Net on What Is Considered Discrimination

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Title VII, the federal standard for workplace discrimination cases, prohibits discrimination against individuals with respect to their “compensation, terms, conditions, or privileges of employment,” based on the individual’s...more

Jones Day

U.S. Supreme Court Modifies Title VII's Adverse Action Standard

Jones Day on

The Court's decision in Muldrow v. St. Louis requires plaintiffs to prove "some injury" respecting employment terms or conditions in discrimination cases....more

White and Williams LLP

The Supreme Court Clarifies the Adverse Action Standard under Title VII in Muldrow v. City of St. Louis, et al.

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On April 17, 2024, the Supreme Court of the United States issued its much-anticipated decision in Muldrow v. City of St. Louis, Missouri, et al. Reversing the Court of Appeals for the Eighth Circuit, the unanimous Court held...more

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