Title VII Hiring & Firing

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

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion...more

Benhar Office Interiors to Pay $90,000 to Settle EEOC Pregnancy Discrimination Suit

Federal Agency Charged Office Furniture Store with Refusing to Hire Applicant When It Learned She Was Pregnant - NEW YORK - Benhar Office Interiors LLC, a New York-based office furnishing and architectural store in...more

Employment Law - Mar 05, 2014

Time To Review Severance Agreements - Why it matters: The Equal Employment Opportunity Commission filed a complaint against CVS Pharmacy last week. The Illinois federal court suit claims the national chain violated...more

Take 5 Newsletter: Five New Challenges Facing Retail Employers

Retailers face new challenges every day as a result of legislation, litigation, and technology. This Take 5 addresses some of these challenges. 1. Pregnancy Accommodation - Several states and municipalities...more

Background Checks: Not Over until It’s Over!

In all the hoopla over the victory of the employer in EEOC v. Freeman (USDC, MD, Case No. RWT 09-cv-2573) it may have escaped some people that on November 7, 2013 the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

EEOC Provides Clarification on Use of Criminal History Information in Hiring Decisions

What are the requirements for employers that use criminal history information in making employment decisions? Are employers required to take on the onerous task of individually assessing applicants to ensure that they do not...more

Bright Petroleum Inc. Sued by EEOC for Retaliation

Food Market Terminated Manager Who Filed Discrimination Charge, Federal Agency Charges - INDIANAPOLIS - Bright Petroleum Inc. d/b/a The Bright Market violated federal law by retaliating against a manager who filed and...more

McDonald's Restaurants of California, Inc. Settles EEOC Religious Discrimination Lawsuit

Federal Agency Charged Muslim Trainer Was Constructively Discharged for Not Shaving Beard - FRESNO, Calif. - McDonald's Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious...more

EEOC Sues Food Rite Community Supermarket For Sex Discrimination

Grocery Store Refused to Hire Qualified Female for Courtesy Van Driver Job Because of Her Sex, Federal Agency Charged - RICHMOND, Va. - Lee's Food Corp., doing business as Food Rite Community Supermarket (Food Rite),...more

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

Step Three to Pay $60,000 for EEOC Pregnancy and Disability Discrimination Suit

Hawaii Resort Retailer Disciplined and Fired a Buyer Due to Fertility Treatments and Pregnancy Restrictions, Federal Agency Charged - HONOLULU - Step Three, Ltd., a Hawaiian resort retailer, will pay $60,000 for...more

Banning the Box From Your Employment Application

As the New Year approaches, you are expecting better economic times ahead and a more profitable year for your business. Jumpstarting your entrepreneurial endeavors by hiring more help seems like the way to go, so you place...more

Should Employers Test Applicants’ Integrity? The EEOC Discusses “Integrity Testing”

Employers often associate a lack of integrity with counterproductive workplace behaviors, including theft and workplace violence. As a result, employers may be tempted to subject employees and applicants to so-called...more

Hiring And Retaining Individuals With Criminal Histories

According to the Equal Employment Opportunity Commission, taking employment action based on an individual’s criminal history can amount to discrimination under Title VII of the Civil Rights Act of 1964 (Title VII),...more

Wanted: Applicants With A Criminal History And An Unprofessional Hairstyle

A combination of recent enforcement efforts by the Equal Employment Opportunity Commission (EEOC) and state-level legislators has employers scratching their heads about what they can and cannot consider when making hiring...more

Transgender Rights: A New Area of Focus for Employers

Currently, there is no explicit federal protection for sexual orientation, gender identity, or expression* but that may change soon. On November 7, 2013, the Senate passed the Employment Non-Discrimination Act of 2013 (ENDA)...more

Courts Eye Employer "Look Policies" for Civil Rights Violations

“Look Policies” – policies intended to promote the company brand by recruiting and requiring employees that fit specific cultural or physical characteristics or restricting clothing accessories – are currently a hot topic at...more

EEOC Sues Insurance Company Over Hair Policy

An Alabama insurance company is being sued by the U.S. Equal Employment Opportunity Commission (EEOC) for allegedly discriminating against black job applicants. The EEOC alleges that the insurance company's grooming policy...more

Labor Letter, October 2013: Strike Two – The EEOC's Failed Attempts To Limit Background Checks

On August 9, 2013, the EEOC suffered its second defeat of the year in litigation involving employer use of criminal and credit background checks for employment screening. A federal district court in Maryland held that the...more

EEOC Sues Farmers Insurance for Race Bias in the Firing of Asian-American Claims Representatives

Insurance Giant Also Discharged Caucasian in Retaliation for Providing Testimony During the Discrimination Investigation, Federal Agency Charges - FRESNO, Calif. - Farmers Insurance Exchange violated federal law...more

Mobile Catastrophic Insurance Claims Company Sued by EEOC for Race Discrimination over Hair Policy

Catastrophe Management Solutions' Policy Prohibiting Dreadlocks Violates Federal Race Bias Law, Federal Agency Charges - MOBILE, Ala. - Catastrophe Management Solutions, a Mobile catastrophic insurance claims...more

EEOC Sues Annapolis Internal Medicine for Pregnancy Discrimination and Retaliation

Medical Practice Fired Receptionist Who Complained About Pregnancy Discrimination, Federal Agency Charges - BALTIMORE - A large Annapolis, Md.-based internal medicine practice violated federal law when it fired a...more

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation

Dried Fruit Producer Fired a Class of Workers Who Protested the Widespread Abuse by Supervisors, Federal Agency Charges - FRESNO, Calif. - Z Foods, Inc., doing business as Zoria Farms, and its predecessor company,...more

Abercrombie & Fitch Liable for Religious Discrimination in EEOC Suit, Court Says

Judge Finds Firing Muslim Employee for Wearing Hijab Was Illegal - SAN FRANCISCO - A federal judge has found clothing giant Abercrombie & Fitch liable for religious discrimination when it fired Muslim employee...more

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