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

Avoiding Appearance-based Discrimination Claims in the Workplace

Employees are generally considered the face of a company, projecting the brand’s image to customers and clients. In the face of this reality, employers often mandate certain grooming and appearance standards for employees –...more

Co-worker’s racial statements may support discrimination claim

As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company....more

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on National Origin Discrimination, which outlines the agency’s guidance on the provisions of Title VII that prohibit...more

Reverse Discrimination Protections Do Not Include Family Relationship with Alleged Racist

Title VII’s discrimination prohibitions include actions taken against white employees based on their race. Last month in an unusual, unpublished decision, the Fifth Circuit Court of Appeals concluded that reverse...more

EEOC Issues New Guidelines on National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) revised on Nov. 21, 2016, its enforcement guidance with respect to national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC and...more

EEOC Issues New Enforcement Guidance On National Origin Discrimination

On Nov. 21, 2016, the United States Equal Employment Opportunity Commission (EEOC) issued updated enforcement guidance on national origin discrimination for the first time in 14 years. Some may speculate whether this has...more

EEOC Issues Enforcement Guidance on National Origin Discrimination

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC...more

EEOC Issues New Enforcement Guidance on National Origin Discrimination

On November 18, 2016, the Equal Employment Opportunity Commission (EEOC) issued an Enforcement Guidance on National Origin Discrimination (Guidance). The EEOC also issued a Questions and Answers document and a Small Business...more

EEOC Issues Guidance on National Origin Discrimination

Perhaps because of the unfortunate social tensions arising after the U.S. Presidential election which include some inappropriate threats against immigrants and people of color, the EEOC issued its Enforcement Guidance on...more

Sexual Orientation Discrimination Claims Under TITLE VII Won’t Be Dismissed…in the U.S. District Court for the Western District of...

The EEOC is on a mission to expand the scope of Title VII to prohibit employers from discriminating against employees on the basis of sexual orientation, and that mission has been accomplished (for now) in the United States...more

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

Keeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers

November and December account for a substantial portion of retail sales—up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the...more

EEOC Issues Enforcement Guidance on National Origin Discrimination

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) has issued its updated enforcement guidance on national origin discrimination to replace its 2002 compliance manual section on that subject, the federal...more

EEOC Sues East Coast Labor Solutions for Disability and National Origin Discrimination

Staffing Agency Discriminated Against Latino Workers Who Were Recruited With Promise of Good Pay, Federal Agency Charges - BIRMINGHAM, Ala. - An Alabama temporary staffing firm violated federal law by subjecting Latino...more

Sexual Orientation Discrimination is Prohibited by Title VII, Federal Court Rules

The prohibition against sex discrimination under Title VII of the Civil Rights Act extends to sexual orientation, Judge Cathy Bissoon of the Western District of Pennsylvania has ruled. EEOC v. Scott Medical Health Ctr., No....more

The Continuing Expansion of Sexual Harassment Training Requirements in California

A dozen years ago, the passage in California of Assembly Bill (AB) 1825 began required sexual harassment prevention training for supervisors in companies with 50 or more employees.  Since then, California has led the nation...more

Pennsylvania Federal Court Holds that Sexual Orientation is Protected Under Title VII

Title VII of the Civil Rights Act of 1964 does not expressly list sexual orientation as a protected classification. Last year, however, the Equal Employment Opportunity Commission held that sexual orientation is a form of...more

Oh, Wait A Minute — Sexual Orientation Bias DOES Violate Title VII?

Feeling whipsawed? Last summer, I reported on the Hively v. Ivy Tech decision, in which a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit ruled that discrimination based on sexual orientation is...more

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a...more

Employment Newsletter - Fall 2016

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by- one by the federal government. In 2010, the Patient Protection and...more

The EEOC’s Push to Expand Employees’ Rights Under Title VII to Include Protection from Workplace Discrimination on the Basis of...

Over the last five years, members of the LGBTQ community have had much to celebrate as traditional barriers to equality have been knocked down one-by-one by the federal government. In 2010, the Patient Protection and...more

How to Address and Prevent Systemic Sexual Harassment in the Workplace

With sexual harassment suits carrying multimillion-dollar price tags, what can employers do to avoid the sting of litigation?...more

Variations on the Theme of Sexual Harassment

We’ve written a lot about sexual harassment recently, as have other commentators. As the subject is discussed, it’s important to remember that sexual harassment can present itself in many ways. It doesn’t always involve a...more

Seventh Circuit Says Workplace Noose Does Not Automatically Create Hostile Work Environment

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has moved toward a position recognizing that certain workplace occurrences automatically meet the legal requirements for...more

EEOC Releases Formal Guidance on Unlawful Retaliatory Conduct in the Workplace

After an extended public comment period, the Equal Employment Opportunity Commission (“EEOC”)—which is charged with enforcing federal employment discrimination laws—recently issued its final Enforcement Guidance on...more

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