News & Analysis as of

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 -

BREAKING: Full Second Circuit To Reconsider Whether Title VII Prohibits Sexual Orientation Bias

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer...more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

IXL Learning Sued by EEOC for Retaliation

Employee Fired for Posting About Discrimination on Glassdoor.com, Federal Agency Charges - SAN FRANCISCO - Educational technology company IXL Learning Inc. violated federal law when it retaliated against an employee for...more

New Puerto Rico Labor Department Religious Accommodation Regulations Effective May 25

by Jackson Lewis P.C. on

The Employment Law Reform enacted earlier this year in Puerto Rico introduced a local requirement to accommodate an employee’s observance of religious practices or beliefs. The law directed the Secretary of the Puerto Rico...more

6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So...

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more

Dentist’s Remarks To Pregnant Employee Propel Her Case Forward

by Jackson Lewis P.C. on

In Sims v. America’s Family Dental, LLP, Defendant’s motion to dismiss Plaintiff’s claims under Title VII and the Pregnancy Discrimination Act was denied by a federal district court. Plaintiff, a registered dental...more

EEOC Pulls the Hood Off of Employer’s Attempt to Retaliate against Its Employee

Can an employer force an employee to agree that his complaints have been adequately addressed? On April 26, the EEOC announced that Downhole Technology LLC will pay a former employee $120,000 and provide other relief after it...more

Carolina Creek to Pay $70,000 to Settle EEOC Pregnancy and Disability Discrimination Suit

Christian Camp Demoted Employee Because of Her Pregnancy and a Related Complication, Then Fired Her for Complaining, Federal Agency Charged - HOUSTON - Carolina Creek Christian Camp, Inc., a Huntsville, Texas-area...more

New York District Court Holds That Title VII Protects Against Sexual Orientation Discrimination

by BakerHostetler on

Following the Supreme Court decision that same sex marriages are legal, there has been a movement to further expand rights and protections against sexual orientation bias. That trend is appearing in federal courts, where...more

Did You Know . . . Seventh Circuit Issues Landmark Decision Holding Title VII Prohibits Sexual Orientation Discrimination

by Nossaman LLP on

In a landmark decision, the Seventh Circuit recently held that discrimination on the basis of sexual orientation is a form of actionable sex discrimination under Title VII of the federal Civil Rights Act of 1964. Unlike the...more

EEOC Sues XPO Last Mile for Religious Discrimination

EEOC Sues XPO Last Mile for Religious Discrimination Logistics Company Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah, Federal Agency Charges - BALTIMORE - XPO Last Mile, Inc., a logistics...more

Managing Workplace Harassment: 2017 Trends and What Employers Should Know

by NAVEX Global on

As employers look ahead and plan for the rest of 2017, one of the most significant challenges they’ll have to address is workplace harassment. There are multiple factors driving rapid changes in the workplace, creating...more

Fifth Circuit Sides with EEOC in Title VII Discriminatory Hiring Case

by Baker Donelson on

The Equal Opportunity Employment Commission (EEOC) has claimed another victory in its nationwide class suit against Bass Pro, delivering what could be troubling news for employers. The Fifth Circuit Court of Appeals gave the...more

Seventh Circuit Breaks New Ground, Holding that Sexual Orientation is a Protected Characteristic Under Title VII of The Civil...

by Reminger Co., LPA on

As practically every American is aware, the last two decades have experienced a revolution regarding the legal treatment of sexual orientation, ultimately culminating in the United States Supreme Court’s 2015 decision in...more

The Missouri Human Rights Act - The Playing Field Has Been Leveled

The Missouri Human Rights Act (MHRA) is the state of Missouri’s primary anti-discrimination statute. The MHRA codifies for the state many of the federal anti-discrimination provisions found in the Americans with Disabilities...more

Labor and Employment Group News: Employers Must Be Alert to Sexual Orientation Discrimination

by Murtha Cullina on

Many states, including New York, Massachusetts and Connecticut, prohibit employment discrimination based upon an individual’s sexual orientation. Federal law (i.e., Title VII) prohibits employment discrimination because of an...more

Education Company to Pay $57,000 to Settle EEOC Sex Discrimination Suit

Special Education Associates Rescinded Job Offer to Applicant When She Refused to 'Party' With CEO, Federal Agency Charged - NEW YORK - Special Education Associates, Inc., which provides educational services to students...more

Employees in Educational Programs: Expanded Options for Suits

by Akerman LLP - HR Defense on

Employers who are operating educational programs or activities – whether inside or outside educational institutions – take note: a recent court decision adds to a split in the federal appellate courts by allowing employees...more

El Chaparro to Pay $20,000 to Settle EEOC Sexual Harassment Suit

Owner Abused Four Servers at Greensboro Tex-Mex Restaurant, Federal Agency Charges - ATLANTA - El Chaparro, Inc., a Tex-Mex restaurant in Covington, Ga., will pay $20,000 to settle a sexual harassment lawsuit brought by...more

Glaser Organic Farms Llega A Un Acuerdo Resolutorio En La Demanda Que La EEOC Habia Radicado Por Acoso Basado En Origen Nacional,...

Trabajadoras de la Cocina Fueron Compensadas por el Discrímen por parte de la Gerencia Basado en Origen Nacional y Color - MIAMI-Glaser Organic Farms, es una granja de venta al detal en Redlands cuyo propietario y...more

Brown & Brown Insurance Brokerage Firm Settles Pregnancy Discrimination Lawsuit for $100,000

Job Offer Rescinded After Company Learned of Applicant's Pregnancy, Federal Agency Charged - ORLANDO, Fla. - Daytona Beach-based insurance brokerage firm Brown & Brown will pay $100,000 and furnish significant relief to...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Dueling Fifth Circuit Panel Deadlocks, No Rehearing For Bass Pro In “Big Fish” EEOC Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After a Fifth Circuit decision affirming a ruling by a U.S. District Court in Texas allowed the EEOC to seek compensatory and punitive damages in its high-profile Title VII pattern or practice race...more

Ninth Circuit Clarifies Employer Burden Under EPA to Justify Pay Differential

On April 27, 2017, a panel of the Ninth Circuit Court of Appeals vacated and remanded a district court’s ruling denying an employer’s motion for summary judgment on an Equal Pay Act (EPA) claim. In so doing, the court...more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

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