News & Analysis as of

Title VII Hostile Environment

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 -

EEOC Sues Driven Fence for Race Harassment

Melrose Park Company Created a Hostile Work Environment, Including a Noose Display, Federal Agency Charges - CHICAGO - Driven Fence, a Melrose Park fence installation company, created a hostile work environment consisting...more

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur...more

Words Matter: The Third Circuit Clarifies That a Single Racial Slur in the Workplace May Be Enough to State a Hostile Work...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Telling African-American employees “that if they had ‘n—– rigged’ the fence, they would be fired” may be enough, standing alone, to state a hostile work environment claim....more

GNT Foods Sued By EEOC For Racial Harassment and Retaliation

African-American Employees Subjected Daily to Racial Epithets and Fired for Complaining and Taking Part in EEOC Investigation, Federal Agency Charged - ATLANTA - G.N.T, Inc., doing business as GNT Foods, a grocery store...more

EEOC Sues Golden Corral for Disability, Sexual Harassment and Discharge

Restaurant Violated Federal Law by Permitting a Hostile Work Environment and Forcing an Autistic Employee to Quit to Escape Harassment, Federal Agency Charges - CHARLOTTE, N.C. - Jax, LLC, which operates a Golden Corral...more

JL Schwieters Construction to Pay $125,000 To Settle EEOC Race Harassment Lawsuit

Company Subjected Black Employees to Noose, Threats and Racial Slurs, Federal Agency Charged - MINNEAPOLIS - A Hugo, Minn., construction company will pay $125,000 to settle a racial harassment lawsuit filed by the U.S....more

Third Circuit Says No Section 1983 Claim Under ADA Or Title VII

by DeWitt Law, LLC on

In Williams v. Pennsylvania Human Relations Commission, No. 16-4383. 2017 U.S. App. LEXIS 16618 (3rd Cir. Aug. 30, 2017), the Third Circuit joined all the other circuits that have visited the issue and ruled that alleged...more

Employer's 'Solicitous Treatment' of Alleged Perpetrator May Create a Hostile Environment for Coworker/Victim

Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The Ninth Circuit Court of Appeals recently held that a jury should...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

Private Prison GEO Group to Pay $60,000 To Settle EEOC Sexual Harassment And Retaliation Lawsuit

Female Correctional Officer Sexually Harassed and Retaliated Against, Federal Agency Charged - PHOENIX, Ariz. - The GEO Group, Inc., operator of the Central Arizona Correctional Facility (CACF) in Florence, Ariz., will pay...more

Eighth Circuit Says Racist Comment Not Justification for Terminating Striking Worker

Under most employers’ anti-discrimination and harassment policies, an employee who makes overt racist comments toward a co-worker would likely face termination. In addition to the moral and ethical purposes behind such...more

One Racial Slur is One Too Many, Rules Third Circuit

by LeClairRyan on

Is a single racial slur by an employee’s supervisor enough to create a hostile work environment under § 1981 of the Civil Rights Act of 1866?  The answer is yes according to the Third Circuit Court of Appeal’s decision in...more

Employment Law - July 2017 #2

Union Posters Crossed the Line, Eighth Circuit Rules - Why it matters - A group of Jimmy John’s workers lost the protection of the National Labor Relations Act (NLRA) with a disloyal poster campaign, the U.S. Court of...more

Workplace Harassment 101

by Conn Maciel Carey LLP on

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

Stemilt Growers and Ag Services Sued By EEEOC For Sexual Harassment, Retaliation

Federal Agency Alleges Latina Tractor Driver Demoted After Refusing Supervisor's Sexual Advances - SEATTLE -The largest grower of organic tree fruit in the United States, Stemilt Growers, and its integrated business,...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So...

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more

El Chaparro to Pay $20,000 to Settle EEOC Sexual Harassment Suit

Owner Abused Four Servers at Greensboro Tex-Mex Restaurant, Federal Agency Charges - ATLANTA - El Chaparro, Inc., a Tex-Mex restaurant in Covington, Ga., will pay $20,000 to settle a sexual harassment lawsuit brought by...more

EEOC Sues Keller Paving and Landscaping for Sexual Harassment

Female Truck Driver Forced to Quit Job at North Dakota Company Because of Physical and Verbal Sexual Abuse, Federal Agency Charges - MINNEAPOLIS - A North Dakota civil construction company operating in Minot, N.D....more

EEOC Sues Applebee's Grill and Bar for Sexual Harassment

Assistant Manager at North Myrtle Beach Location Subjected Two Sisters to Sexual Comments and Touching, Federal Agency Charges - FLORENCE, S.C. - Green Apple, LLC, dba Applebee's Grill and Bar, violated federal law when...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Hiatt & Mason Enterprises to Pay $35,000 to Settle EEOC Racial Harassment Lawsuit

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charged - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide...more

Florida Employers: What if There's a Bill O'Reilly in Your Workplace?

by Rumberger Kirk & Caldwell on

Just as some business and organization leaders thought that the culture of a diverse workplace thriving on respect and dignity was deeply entrenched, along comes allegations against a well-known name like Bill O’Reilly...more

FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

by Rumberger Kirk & Caldwell on

In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more

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