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 -

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

Court Uses Novel Issue Certification Device To Sidestep Individualized Issues Otherwise Precluding Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A group of female truck drivers sued their employer for policies allegedly resulting in a hostile work environment for and retaliation against women who complained of sexual harassment on the job. Under...more

Employer Granted Summary Judgment on Claims of Hostile Work Environment by Equal Opportunity Harasser

by Jackson Lewis P.C. on

A federal district court in Alabama granted an employer’s motion for summary judgment regarding a former general manager’s hostile work environment claims. Thrower v. Yedla Management Co. Plaintiff, a Caucasian female,...more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides...more

Direct Evidence of Racist Remarks Dooms Employer Motion for Summary Judgment

by Jackson Lewis P.C. on

A federal court in Tennessee denied an employer’s motion for summary judgment on an African-American employee’s race discrimination and hostile work environment claims under Title VII and state law. The decision was based in...more

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

by Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Repeated "Friendly" Hugs and Kisses Can Rise to the Level of Actionable Sexual Harassment

Some people are naturally more affectionate than others. Most people have friends or acquaintances who go for hugs when a handshake is all that you expect. In the workplace, these personality types can clash, and “huggers”...more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Employment Law - March 2017

Future of DOL's White Collar Overtime Rule Remains Unclear - Why it matters - The uncertainty surrounding the Department of Labor's (DOL) white collar overtime rule continues, with the agency requesting more time to...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Hug It Out at Work? Maybe Not in the Ninth Circuit

When does workplace hugging go too far? The Ninth Circuit Court of Appeals recently weighed in with an opinion. Victoria Zetwick, a county correctional officer, based her Title VII hostile work environment suit almost...more

Employee’s Retaliation and Hostile Work Environment Claims Based on a Rumor Spread in the Workplace Survives Motion for Summary...

by Jackson Lewis P.C. on

In Baez v. Anne Fontaine USA, Inc., the United States District Court for the Southern District of New York denied an employer’s motion for summary judgment to dismiss a terminated employee’s retaliation claims under Title...more

Harassment of Patients Does Not Give Reporting Employee Cause of Action Under Title VII

Title VII of the Civil Rights Act protects employees against sexual and other types of harassment that result in a hostile and offensive working environment. What happens when the alleged harassment involves customers of the...more

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

by Low, Ball & Lynch on

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

EEOC’s Enforcement Guidance Urges Employers To Be Proactive in Preventing, Addressing Workplace Harassment

In its Proposed Enforcement Guidance on Unlawful Harassment issued on January 10, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) emphasizes that employers should take a proactive role in preventing harassment,...more

“5th & Wine” Bar Sued By EEOC For Sex-Based Harassment and Retaliation

Scottsdale Wine Café Abused Employees Based on Their Actual and Perceived Sexual Orientation, Federal Agency Charges - PHOENIX - Scottsdale Wine Café, LLC (5th & Wine), a Scottsdale wine bar and restaurant, violated...more

EEOC Wins Jury Verdict in Sexual Harassment Case against Costco

Failure to Intervene Against Harassing Customer Created Hostile Work Environment, EEOC Charged - CHICAGO - A federal jury has awarded $250,000 in compensatory damages to a former employee of Costco Wholesale, Inc. who...more

North Dakota Employer Harassed Worker Because of His Sexual Orientation, EEOC Charges

Male Employee Was Subjected to a Hostile Work Environment Because of His Sexual Orientation, Federal Agency Charges - MINNEAPOLIS -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has...more

EEOC Sues Hiatt & Mason Enterprises For Racial Harassment

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charges - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, violated federal law when it subjected...more

Co-worker’s racial statements may support discrimination claim

by McAfee & Taft on

As a recent ruling by a Tulsa federal court shows, an employer may be held liable for the racial bias and conduct of its employees, even if those employees do not work in a decision-making capacity within the company....more

Hospitality Industry Law Newsletter

by Buchalter on

New Labor Code Section Prevents Employers from Using Out-of-State Choice of Laws Provisions in Contracts with California Employees - On September 27, 2016 Governor Jerry Brown signed a new law impacting the contract...more

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

by Franczek Radelet P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

HUD Issues Final Rule on Unlawful Hostile Environment and Quid Pro Quo Harassment

by Clark Hill PLC on

On September 14, 2016, the Department of Housing and Urban Development ("HUD") issued a final rule, "Quid Pro Quo and Hostile Environment Harassment and Liability for Discriminatory Housing Practices under the Fair Housing...more

EEOC Issues Enforcement Guidance on National Origin Discrimination

by Littler on

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC...more

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