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

Seventh Circuit Invites Supreme Court to Make Sexual Orientation Discrimination Actionable Under Title VII

Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir....more

Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

New OFCCP Sex Discrimination Rule Now in Effect

On June 14, 2016, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published its updated sex discrimination rule for federal contractors and subcontractors. The Final Rule, "Discrimination on...more

EEOC: Title VII Prohibits Employment Discrimination Based on Gender Identity, Sexual Orientation

The Equal Employment Opportunity Commission has stated definitively that it interprets, and will enforce accordingly, the Civil Right Act’s Title VII’s prohibition on sex discrimination as encompassing employment...more

Sexual Orientation Discrimination Not Covered Under Title VII, Court Says

But Decision Provides Ample Warning To Employers - A federal court of appeals recently announced that it had no choice but to deny an LGBT plaintiff’s request to proceed with a sexual orientation discrimination claim...more

Employment Law Commentary, July 2016: The EEOC’s New Focus On LGBTQ Discrimination: How To Stay Out Of The Headlines

The year 2015 was a breakthrough year for the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community. Just over a year ago, in Obergefell v. Hodges, the U.S. Supreme Court issued its landmark decision on marriage...more

SSN Mistake Leads To Million Dollar Verdict - How Can You Avoid A Similar Fate?

A federal court in California recently ruled that a job applicant’s admission that he used a false Social Security Number (SSN) cannot be the basis for disqualifying him from employment on good moral character grounds. The...more

Recent EEOC Notice Seeks to Counter Portions of North Carolina's HB2 Law

As previously reported in EmployNews, the Equal Employment Opportunity Commission has recently taken the administrative and litigation position that the sex discrimination provisions of Title VII directly prohibit...more

Sealed Air Sued By EEOC for Sex-Based Pay and National Origin Discrimination

Federal Agency Charges Sealed Air Corp., d/b/a Kevothermal LLC, Paid Female Production Supervisor Less Than Male, Imposed Language Restriction - Albuquerque, NM. -Sealed Air Corporation, a protective packaging business,...more

Quirky Question #286: Best Practices on Restroom Access and Terminology for Transgender Employees

Question: There has been a lot of news coverage lately on restroom policies related to transgender employees. Can you provide some guidance on how to structure our restroom-use policies to be both lawful and respectful of...more

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

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