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

More Mach Mining: Court Denies The EEOC’s Motion For Reconsideration Of Discovery Order

Seyfarth Synopsis: In the remand of the high profile Mach Mining litigation that was before the Supreme Court in 2015, a district court denied the EEOC’s motion for reconsideration of a discovery order pertaining to the scope...more

Employment Law - August 2016

Arbitrator or Judge? California Supreme Court Weighs in - Why it matters - Yet again, the California Supreme Court considered arbitration in the context of an employment agreement, this time reflecting on whether a...more

DOJ Proposes Expanding Reach of INA's Anti-Discrimination Provisions

Employers already know that Title VII prohibits discrimination on the basis of national origin and citizenship status. However, they may not be aware that the federal Immigration and Nationality Act also contains...more

Transgender Claim Meets Dress Code

The worlds of transgender versus religious rights collided hard recently when an EEOC action on behalf of a discharged transgender worker ran full force into a Religious Freedom Restoration Act (“RFRA”) defense, and the EEOC...more

EEOC Loses Landmark Transgender Discrimination Case

Seyfarth Synopsis: In one of the first two ever transgender discrimination cases brought by the EEOC, a federal court in Michigan granted the employer’s motion for summary judgment, finding the employer met its burden in...more

EEOC Sues KASCO for Discrimination and Retaliation Against Muslim Employee

Termination of Employee Violated Title VII of the Civil Rights Act, Federal Agency Says - ST. LOUIS -- KASCO, LLC, a St. Louis company which manufactures and sells butcher supplies and meat processing equipment, violated...more

Seventh Circuit Holds Title VII Does Not Prohibit Sexual Orientation Discrimination, But Acknowledges Inherent Flaws in Precedent...

In a carefully reasoned but ultimately restrained opinion the Seventh Circuit held that Title VII does not prohibit discrimination in employment on the basis of sexual orientation. While declining to become the first circuit...more

The Writing is on the Wall, Yet Seventh Circuit Holds Sexual Orientation Is Not a Protected Class Under Title VII

Earlier this week, the Seventh Circuit Court of Appeals held in Hively v. Ivy Tech Community College that Title VII does not protect employees or offer redress for discrimination based on sexual orientation. As a result,...more

California Fair Employment & Housing Council Considers Proposed (and Recently Amended) Rules to Restrict Employer Use of Criminal...

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights...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

Second Circuit Rejects Argument That Arbitration Clause Was Void Due To Inability To Vindicate Rights Under Title VII And ADA

The Second Circuit recently affirmed in relevant part, an order compelling arbitration of claims under Title VII and the Americans with Disabilities Act in connection with the termination of the plaintiff’s employment. The...more

Hallelujah! 5 Things About Religion In The Workplace That You May Not Have Known

Our friends at the Equal Employment Opportunity Commission have issued a Fact Sheet for young workers on religious discrimination in the workplace, which brought me back to the EEOC’s older Q&A and Best Practices on religious...more

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

JSH Attorneys Conquer Employment Discrimination Case Against A Local County

Jones, Skelton & Hochuli attorneys Michele Molinario, Justin Ackerman, and Amelia Esber prevailed by summary judgment in an employment discrimination case against a local County, and various County employees. The case...more

EEOC Sues Rent-A-Center for Sex Discrimination Against Transgender Employee

Assistant Manager of Rantoul Store Was Fired Because of Her Gender Identity, Federal Agency Charges - URBANA, Ill. - Rent-A-Center violated federal civil rights law by discharging an employee from its Rantoul, Ill.,...more

Federal Judge Awards EEOC $179,000 Default Judgment Against Workplace Staffing Solutions For Sex Discrimination

Louisiana Staffing Firm Failed to Hire Six Qualified Women Because of Their Sex While Hiring Only Men, Federal Agency Charged - JACKSON, Miss. - A federal judge has ruled in favor of the U.S. Equal Employment Opportunity...more

EU Advocate General Holds that Certain Forms of Indirect Religious Discrimination Could be Justified

On May 31, 2016, the Advocate General (“AG”) of the European Court of Justice issued its opinion in a case relating to a Muslim employee wearing a headscarf at work. In the case, Samira Achbita v. G4S Secure Solutions NV,...more

After A Decade Of Mixed Results, EEOC Rebrands Its Systemic Discrimination Litigation Program

Seyfarth Synopsis: With the publication of a ten-year review of its systemic discrimination program on July 7, 2016, the EEOC seeks to blunt employer and judicial scrutiny of the EEOC’s litigation practices by emphasizing its...more

California Employment Law Notes - July 2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Fifth Circuit Says Texas May Challenge EEOC Criminal Background Check Guidance

In 2012, the Equal Employment Opportunity Commission issued an Enforcement Guidance stating when employers’ use of criminal background checks to exclude applicants from jobs violates Title VII. The Guidance states the EEOC’s...more

HospitalityStaff Sued by EEOC for Religious Discrimination

Orlando Staffing Company Fired Rastafarian Employee Because of His Dreadlocks, Federal Agency Charges - ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry violated...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 Settles First Sexual Orientation Discrimination Suit

The U.S. Equal Employment Opportunity Commission (EEOC) announced last week that it had settled a suit against Pallet Companies (doing business as IFCO Systems) for $202,200. As we previously discussed here, this suit is one...more

EEOC Proposes Guidance to Explain Its Enforcement of National Origin Discrimination

The Equal Employment Opportunity Commission (“EEOC”) issued a proposed guidance on June 2, 2016, clarifying its view of national origin discrimination. By issuing the proposed guidance, the EEOC seeks to explain its...more

Proposed EEOC Guidance on National Origin Discrimination Provides Clues to Agency’s Focus

The Equal Employment Opportunity Commission has issued a Proposed Enforcement Guidance on National Origin Discrimination (“PEG”) and is allowing the public to comment through July 1, 2016. The last time the EEOC issued...more

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