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

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

EEOC Sues Employer for Forcing “Onionhead” Religious Practices on Workers

The U.S. Equal Employment Opportunity Commission (EEOC) recently sued a health network, alleging that the company fired employees who refused to participate in activities that the federal agency claimed were religious...more

OFCCP Joins EEOC in Holding That Gender Identity/Transgender Discrimination is Sex Discrimination Under Title VII

The Office of Federal Contract Compliance Programs (OFCCP) issued a Directive on Gender Identity and Sex Discrimination (DIR 2014-02), announcing that it will follow the EEOC and investigate claims of gender identity...more

Superior Electric to Pay $55,000 to Settle EEOC Sex Harassment and Retaliation Lawsuit

Company to Institute Training and Procedures to Prevent Future Discrimination - CHEYENNE, Wyo. - Cheyenne company Superior Electric, Inc. will pay $55,000 and furnish other relief to settle a sexual harassment and...more

Let’s Talk About Sex: U.S. Department of Labor Targets Transgender & Gender Identity Discrimination

On Tuesday, August 19, 2014, the U.S. Department of Labor issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex... includes discrimination on the bases of gender identity and...more

State Court Lawsuit Removable if Plaintiff-Employee’s Pleadings “Fully Incorporate” EEOC Charge

“You have been sued.” Upon reading these first few words of a state court citation, most Texas employers—indeed, most employers—make it their first order of business to remove the case to federal court if at all possible....more

EEOC Warns English-Only Policies May Be Pretext for Illegal Discrimination

While requiring workers to be fluent in English or to speak English in the workplace isn’t unlawful, per se, an English-only policy may be seen as a pretext for unlawful national-origin discrimination in violation of Title...more

Sal's Mexican Restaurant Settles EEOC Sexual Harassment Charge Involving a Teenager

FRESNO - Sal's Mexican Restaurant in Fresno, Calif., has settled a sexual harassment charge with the U.S. Equal Employment Opportunity Commission (EEOC) for $15,000, the federal agency announced today. The EEOC had charged...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

NLRB Divides Sharply on Employee Concerted Activity for “Mutual Aid or Protection”

In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the...more

Six Tips for Avoiding Transgender Discrimination in the Workplace

Transgender employees present special concerns for employers when developing and applying personnel policies and procedures, from restroom access issues to preventing discrimination and harassment. Employers who do not...more

EEOC amps up attack on background checks

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Friendship Between Male Supervisor and Female Subordinate Does Not Create Title VII Rights for Disfavored Male

Title VII prohibits discrimination based on gender. Numerous federal courts have rejected claims by female workers that they were discriminated against when their managers showed preferential treatment toward a female...more

EEOC Sues MountainKing Potatoes for Sexual Harassment and Retaliation

Supervisors Harassed Female Farmworkers Over Period of Time, Then Punished Them for Complaining, Federal Agency Charges - DENVER - MountainKing Potatoes, the name under which Smokin' Spuds, Inc. and Farming Technology,...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

Executive Order Requires Reporting Labor Law Violations and Prohibits Arbitration Agreements

As part of President Obama's "Year of Action," President Obama recently announced the Fair Pay and Safe Workplaces Executive Order (the "Executive Order"). The Executive Order will require prospective federal...more

Ninth Circuit Allows Deputies to Proceed with Sex Discrimination Suit

Anderson v. City and County of San Francisco, No. 11-16746 (July 2, 2014): In a recent decision, the Ninth Circuit Court of Appeals held that the San Francisco Sheriff’s Department (SFSD) may have violated Title VII of the...more

Employment Law 101: Pregnancy Discrimination

What is the issue: Title VII was passed in the 1960’s to protect against discrimination based on race, color, religion, sex or national origin. Since that time, other laws have been passed adding protection against...more

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

Employer’s Refusal to Rescind a Resignation Does Not Amount to Unlawful Retaliation, District Court of New Jersey Holds

The United States District Court for the District of New Jersey recently held that an employer’s refusal to rescind a resignation does not amount to unlawful retaliation under 42 U.S.C. § 1981 (which follows the same standard...more

Onionhead: Do Firings Over a Non-Religious Practice Violate Title VII?

A Syosset, New York company is being charged with violating Title VII of the Civil Rights Act after employees claimed they were fired for not participating in the belief system of the employer. It appears to be a clear...more

U.S. Census Bureau Down for the Count after Certification Ruling in Criminal Background Check Case

Last Tuesday, a Magistrate Judge in the United States District Court for the Southern District of New York granted partial class certification in a case where plaintiffs allege that the United States Census Bureau used arrest...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 Employment Discrimination Decisions - Number 49: EEOC Takes On Background Checks

Throughout this series, we have touched on facially neutral policies which, although not motivated by unlawful discrimination, have a discriminatory effect on certain protected classes. For over 40 years, the courts have...more

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