Title VII Employer Liability Issues

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 -
News & Analysis as of

Supreme Court’s Decision in Mach Mining Impacts Employers’ Approach to Conciliation with the EEOC

In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more

Employers Beware in Race Discrimination Cases

Several recent cases highlight the fact that employers should think twice before failing to properly address a Title VII complaint. Failing to do so may result in their winding up in a jury trial. That fact is most recently...more

Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics....more

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].”...more

Supreme Court Requires Review Of EEOC Conciliation Effort

Before suing an employer for discrimination, the Equal Employment Opportunity Commission (“EEOC”) must try to remedy unlawful workplace practices through informal methods of conciliation. The EEOC sued Mach Mining in federal...more

Supreme Benchslap for EEOC

Title VII requires the EEOC to engage in “conciliation” once it issues a cause determination. The EEOC’s unique approach to conciliation, which typically is totally divorced from anything conciliatory, is the subject of this...more

Supreme Court Decision is Step Forward for Victims of Discrimination

In a unanimous decision, the U.S. Supreme Court held today that courts may only conduct a "relatively bare-bones review" of the EEOC's conciliation efforts. "Today's decision puts the focus of the EEOC and the courts...more

More Federal Agencies Expand EEO Protection to LGBT Employees and Private Litigants Continue to File Lawsuits Based on Gender...

In my supervisor training sessions, I used to note that Title VII prohibits discrimination based on sex, with a reminder that it applies to both sexes. In recent training sessions, however, I find that section now takes a...more

Protected Title VII Conduct Can Be As Simple As Telling Your Boss to Stop Harassing You

The Sixth Circuit recently ruled “a demand that a supervisor cease his/her harassing conduct constitutes protected activity covered by Title VII,” so that employees who tell a boss to stop harassing them are protected from...more

Employment Law 101: Sex Discrimination

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national...more

EEOC Not Required to Identify Aggrieved Individual in Title VII Race Discrimination Claim

On April 7, 2015, the U.S. District Court for the Northern District of Illinois held that the Equal Employment Opportunity Commission ("EEOC") is not required to identify an aggrieved individual in order to pursue a race...more

EEOC Sues Renaissance School for Age and Sex Discrimination

School Fired Male Employee Because of His Age and Gender, Federal Agency Charges - MILWAUKEE - Renaissance School, Inc., of Racine, Wis., an owner and operator of government-funded private schools, violated federal law...more

Recent Case Reminds Schools of First Amendment and Title VII Responsibilities in Employment Context

Recently, the Northern District of Illinois issued its opinion in Wong v. Board of Education of Community Consolidated School District 15. Although the court’s decision does not address novel arguments or depart from prior...more

Time to Revisit English Only Rules

Employers have long understood that rules prohibiting employees from speaking languages other than English are subject to attack by the Equal Employment Opportunity Commission (EEOC). The EEOC’s position is that a rule...more

Fifth Circuit Declines to Clarify When an Employment Action is “Adverse” Enough to Support a Discrimination Claim

When presented with an employment discrimination claim, one of the early questions any agency or court must answer is whether the claimant has suffered an “adverse employment action.” Simply stated, even if a discriminatory...more

The “Protected Activity” Prong of a Prima Facie Retaliation Claim

Courts increasingly scrutinize the “protected activity” prong of a plaintiff’s prima facie retaliation claim under Title VII of the Civil Rights Act of 1964 and other, similar anti-discrimination laws. ...more

Statement of Samantha Elauf Following Oral Argument at the Supreme Court in EEOC v. Abercrombie & Fitch Stores, Inc.

WASHINGTON-- Samantha Elauf filed the original charge of religious discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) that led to today's argument in the Supreme Court. She has the following statement...more

“Too Black”: Waitress’s Claim of Color Bias Raises Novel Title VII Claim

Title VII of the 1964 Civil Rights Act prevents discrimination in employment decisions based upon an employee’s race, color, religion, sex, or national origin. ...more

Employment at Will Comes with Many Exceptions

Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” ...more

2014's Hottest Employment Rulings Affecting Southeastern Employers

2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

Employers Beware: Could the Generosity of Volunteers Result in a Perceived Employer-Employee Relationship?

The generosity of volunteers builds a link between employers and the community, which frequently proves critical to accomplishing community and philanthropic work during times of need. Often times, there is too much to be...more

Religious Accommodations: May Be Required by Law, Unless the Request is Unlawful

Several weeks ago, the EEOC secured a jury verdict of $150,000 in compensatory damages against an employer for failure to accommodate an employee’s religious objection to a workplace rule. But last week, the Sixth Circuit...more

Are Transgender Individuals Protected Under Title VII’s Ban on Sex Discrimination?

Leyth Jamal, a former employee of the upscale retailer Saks, claims that she was discriminated against because of her transgender status. Jamal v. Saks & Company has sparked a heated debate over whether transgender...more

OFCCP Announces Proposed Rules to Modernize Sex Discrimination Regulations

On Tuesday, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a proposed rule to revise and modernize a sex discrimination guidance it issued in 1970 and clarify federal contractors’ obligations with...more

DOJ Announces Transgender Discrimination Prohibited under Title VII

According to a memo released by Attorney General Eric Holder, the Department of Justice (DOJ) will now interpret federal law — specifically Title VII of the Civil Rights Act — to prohibit workplace harassment and...more

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