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

Sex Harassment in the Workplace: An Uptick in Cases, Awareness or Both?

The last few weeks it seems that I’ve been reading about sexual harassment in the workplace issues a lot more. Here are a few examples...more

Headline news: Policies, procedures essential tools in fight against sexual harassment

Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made...more

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more

Double Trouble: EEOC Increases Penalty for Posting Violations

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers...more

Managing Repeated Requests for Leave as an ADA Reasonable Accommodation: Takeaways from My Webinar with EEOC Commissioner Feldblum...

Last Thursday, I had the pleasure of conducting a webinar with EEOC Commissioner Chai Feldblum on the topic of “leave” as an ADA reasonable accommodation in light of the EEOC’s new technical resource issued on this topic in...more

EEOC Releases Draft Guidance Regarding National Origin Discrimination

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a draft of its new proposed enforcement guidance regarding national origin discrimination under Title VII – the first guidance it has issued on...more

Obama administration announces new sex discrimination guidelines for federal contractors

On June 14, 2016, the US Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a final rule updating the sex discrimination guidelines governing federal contractors for the first time in 40...more

Updating Your Employee Handbook for 2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

Courts Consider New Definition Of “Sex” Discrimination – What It Means For Pennsylvania Employers

Can employees in Western Pennsylvania sue their employer for sexual orientation discrimination under federal law? Right now, the answer is no – but that may be changing soon. In a landmark case called EEOC v. Scott...more

Sexual Harassment Training Revisited

In 1980, the EEOC first recognized sexual harassment as a form of sex discrimination prohibited by Title VII. In 1986, the United States Supreme Court agreed in Meritor Savings Bank v. Vinson. Courts and anti-discrimination...more

EEOC Increases the Penalty for Violating Notice Posting Requirements

Earlier this month, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a Final Rule increasing the maximum penalty for covered employers who violate the notice posting provisions of Title VII of the Civil Rights...more

Pre-and Post-Partum Protection: Colorado Enacts A Pregnant Workers Fairness Act

States and municipalities around the country are increasingly providing more protection for pregnant employees. As recently as April 2016, San Francisco became the first municipality to enact fully paid parental leave for up...more

SuperVision Today - June 2016

In this edition of SuperVision Today, Erin Jones Adams previews some major issues in avoiding liability in the emerging area of treatment of members of the LGBT community. Carrie Harris takes a look at the latest in the...more

EEOC Releases Proposed Enforcement Guidance On National Origin Discrimination For Public Comments

On June 2, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) released, for a 30-day public input period, proposed enforcement guidance addressing national origin discrimination under Title VII of the Civil...more

The Impact of Inflation: The EEOC Increases Monetary Civil Penalties for Notice-Posting Violations under Title VII, ADA, and GINA

The Equal Employment Opportunity Commission is increasing the monetary civil penalties for violations of the notice-posting requirements of Title VII of the Civil Rights Act of 1964 (Title VI), the Americans with Disabilities...more

Employment Practices Newsletter - June 2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

The EEOC Calls for Federal Judge to Continue with Sexual Orientation Discrimination Case

The Equal Employment Opportunity Commission (“EEOC”) asked U.S. District Court Judge Cathy Bissoon in the Western District of Pennsylvania to reject a motion to dismiss in a lawsuit alleging a worker was discriminated against...more

25 Quick Takes (No Kidding!) On The EEOC’s Proposed National Origin Guidance

These will be really quick takes, since there are so many of them, on the proposed Enforcement Guidance on National Origin Discrimination issued this week by the Equal Employment Opportunity Commission. (The actual document...more

SCOTUS Gives Boost To Employee Constructive Discharge Claims

In a 7-1 decision, the U.S. Supreme Court ruled today that the statute of limitations for Title VII constructive discharge claim begins on the date of the employee’s notice of resignation, not on the date of the last alleged...more

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

Flushed: The Debate Over Bathroom Access Rights for Transgender Employees Continues

America is currently in the midst of a debate over sex segregated public bathrooms and their impact on the bathroom access rights of transgender individuals. Over the past few years, there’s been a wave of state legislation...more

EEOC Serves Notice Regarding Transgender Employees Bathroom Access Rights

In the midst of all the media coverage surrounding transgender bathroom policies, the Equal Employment Opportunity Commission (EEOC) has recently put employers on notice of its position that denying an employee access to a...more

State Laws Are Not a Defense to Title VII's Prohibition on LGBT Discrimination, Says the EEOC

Mississippi and North Carolina recently passed legislation categorized as "sweeping anti-LGBT laws." North Carolina's bill, H.B. 2, requires transgender people to use public restrooms according to the biological sex assigned...more

EEOC Announces Six-Figure Transgender Discrimination Settlement

The onslaught of news stories about "bathroom bills" has thrust issues facing transgender people into the national spotlight, but do you know what rights are afforded to transgender people in the workplace? Employers should...more

OSHA, EEOC and the Dept. of Justice Weigh In On Transgender Rights in the Workplace

In the last few months, hardly a day has gone by without some news regarding transgender bathroom access. Perhaps the catalyst for the increased attention on this issue was North Carolina’s passage of its controversial H.B....more

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