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

“Lies, D*mned Lies, and Statistics”: Fourth Circuit Affirms Summary Judgment Against EEOC on Background Check Lawsuit Based Upon...

On February 20, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed a Maryland federal district court’s entry of summary judgment against the U.S. Equal Employment Opportunity Commission (“EEOC”) with respect to...more

EEOC Roundup: January 2015

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Employment at Will Comes with Many Exceptions

Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” ...more

U.S. Supreme Court to Hear Oral Argument This Week in Abercrombie Discrimination Case

Another year has begun and it seems like the debate over Abercrombie and Fitch’s employee dress code policy shows no indication of stopping. Only this time – the U.S. Supreme Court is getting involved....more

Spiritual Director Doesn't Have a Prayer When it Comes to Her Discrimination and Termination Claims

Religious employers can rejoice once again, as yet another court upholds the ministerial exception and dismisses an employee's discrimination and termination claims....more

2014's Hottest Employment Rulings Affecting Southeastern Employers

2014 saw a wide range of employment issues presented before the 11th Circuit. This article seeks to highlight some of the more frequently cited 11th Circuit opinions from last year. The updates below, although not earth...more

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2105), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the...more

Beyond U.S. Citizens and Lawful Permanent Residents: Are Other Classes of Individuals Legally Authorized to Work Protected from...

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company...more

2014 Employment and Labor Law Final Exam Answer Key

Thank you to everyone who participated in this year’s Employment and Labor Law Final Exam. We hope the exam was challenging and informative. Congratulations to Margi Fleming and Danisha Sheppard. Both Margi and Danisha will...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

EEOC Consent Decree Ends Midway Neurological Pregnancy Discrimination Case

Federal Agency Charged Bridgeview Facility Illegally Fired Pregnant Social Worker - CHICAGO - Midway Neurological & Rehabilitation Center, a provider of short- and long- term medical and rehabilitation care located in...more

Transgender Employees: The New Protected Category?

By now, most employers are familiar with the list of categories protected from employment discrimination under Title VII of the Civil Rights Act: race, color, religion, national origin and sex. Additional categories are...more

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

Sixth Circuit Remands Memphis Title VII Disparate Impact Case, Yet Again

It’s hard not to feel sorry for the residents of Memphis, Tennessee. Depending on which source you consult, its violent crime rate hovers between three and four times the national average, and various publications describe it...more

Despite settlement, EEOC continues and expands discrimination investigation

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment...more

Sixth Circuit Decision Confirms that Employers May Lawfully Choose Not to Hire a Job Applicant with a Prior History as a False...

Some employers in the health care and other industries who regularly deal with the federal government and are subject to the False Claims Act (“FCA”) have felt helpless in trying to weed out serial whistleblowers in the...more

Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch...more

Volunteers Are Not “Employees” Protected From Employment Discrimination Under Title VII

Many non-profit organizations, public agencies, and other employers rely upon volunteers. But what happens when an organization decides to terminate a volunteer’s affiliation with it because of the volunteer’s religion? ...more

10 Tips for Using Social Media during the Hiring Process

Many human resource professionals go beyond the use of traditional resumes, references and face-to-face interviews and turn to social media to gain additional insight into a candidate's qualifications and personality....more

ACM Services to Pay $415,000 to Settle EEOC Class Race, Gender Discrimination and Harassment Suit

Contractor Shunned Blacks and Women for Jobs, and Harassed and Fired Two Women for Opposing the Discrimination, Federal Agency Charged - BALTIMORE - ACM Services, Inc., a Rockville, Md.-based environmental remediation...more

Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial

In Weber v. Fujifilm Medical Systems USA Inc., et al., case numbers 13-4891 and 14-0206, decided on October 9, 2014, the U.S. Court of Appeals for the Second Circuit held that a former executive’s employer could use...more

EEOC Ramps Up Attack On Mandatory Arbitration Agreements

Over the course of its history, the U.S. Equal Employment Opportunity Commission (“EEOC”) has disfavored the application of mandatory arbitration agreements within the employment context. Indeed, until the decision in...more

Magnolia Personal Care Home Sued by EEOC for Pregnancy Discrimination

Assisted Living Facility Fired Employee Due to Pregnancy, Federal Agency Charges - OXFORD, Miss. - Magnolia NA, LLC, dba Magnolia Personal Care Home, an assisted living facility located in New Albany, Miss., ...more

EEOC Sues Detroit Funeral Home Chain for Sex Discrimination Against Transgender Employee

Lawsuit Is One of Two the Agency Filed Today - the First Suits in Its History - Challenging Transgender Discrimination Under 1964 Civil Rights Act - DETROIT- Detroit-based R.G. & G.R. Harris Funeral Homes, Inc....more

EEOC Sues Mims Distributing Company for Religious Discrimination

Beer Distribution Company Unlawfully Failed to Hire Rastafarian Because He Refused to Cut His Hair, Federal Agency Charges - RALEIGH, N.C. - Mims Distributing Company, Inc., a North Carolina corporation that operates a...more

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