News & Analysis as of

Title VII › Retailers

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 -
Jackson Lewis P.C.

What the Changed Standard for Religious Accommodations Means for the Shift-Based Retail Industry

Jackson Lewis P.C. on

The retail industry is a shift-based industry, dependent on workers signing up for weekday and weekend shifts, for holidays, and for times when few average workers would dream of being awake and at work. What if an employee...more

Jackson Lewis P.C.

Accommodations Developments Add Scheduling Challenges for Retailers

Jackson Lewis P.C. on

For retail establishments, developments involving religious accommodation and the new Pregnant Workers Fairness Act (PWFA) make scheduling employees more challenging. Religious Accommodation- The U.S. Supreme Court...more

Fisher Phillips

Retailers’ Obligations to Accommodate Work Schedules that Conflict With an Employee’s Religion

Fisher Phillips on

Federal law’s obligation to accommodate religious observances and practices has been in the spotlight recently because of employees seeking to be exempted from employer mandatory vaccination policies when the vaccine...more

Cozen O'Connor

Anti-Discrimination Clarification From CFPB | $110 Million Charity Scam | Deceptive Claims re: CBD Cures

Cozen O'Connor on

2022 AG Elections- Kansas Attorney General Eyes Governor’s Mansion- •Kansas AG Derek Schmidt announced his candidacy for the Republican nomination for Governor in 2022. •Schmidt, who first assumed the AG’s office in...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on

Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Fisher Phillips

7-Year Equal Pay Class and Collective Action in NJ Could Settle for $6.2 Million

Fisher Phillips on

More than seven years ago, female sales representatives who worked for Merck filed a class and collective action alleging discrimination in pay on the basis of their gender in violation of the Equal Pay Act (EPA) and Title...more

Laner Muchin, Ltd.

Recent Federal Decisions Highlight Breadth of Employers’ Obligations Under Title VII

Laner Muchin, Ltd. on

Recent federal court decisions serve as a timely reminder of an employer’s obligations under Title VII to protect employees from all unlawful harassment in the workplace, even if that harassment is perpetrated by someone...more

Fisher Phillips

“Sexual Horseplay” Or “Sex Discrimination”? The Half-Million Dollar Question

Fisher Phillips on

A federal appeals court recently upheld a half-million dollar verdict against a small Chicago retailer after it concluded that a male employee was the victim of sex discrimination. Although the employer admitted much of the...more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Fall 2018

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NEWS & ANALYSIS - Where no performance review has gone before - By a show of hands, how many of you use annual performance reviews? And how many of you think that there must be a better way to manage your employees? If...more

BakerHostetler

The BakerHostetler Quarterly New York Employment Law Newsletter

BakerHostetler on

Welcome to the first edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some of the key employment trends that affected New York employers in 2017, and our...more

Littler

Criminal Record Screening Policies Continue to Raise Important Compliance Issues

Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. A recent settlement by one of the nation’s leading retailers, Target, reinforces this point. The...more

BCLP

Eleventh Circuit to Consider Whether Prior Settlement Moots Website Accessibility Case

BCLP on

The Eleventh Circuit Court of Appeals is set to hear oral arguments on April 4 concerning whether a website accessibility plan pursuant to a prior settlement agreement moots injunctive relief claims under Title III of the...more

BCLP

Avoiding the Blame Game: How to Avoid Liability for Other Companies’ Employees

BCLP on

Retailers often hire labor hired by outside vendors, such as employees who stock shelves, take inventory, or provide cleaning, security or deliver services. Retailers should consequently be keenly aware of various joint...more

Fisher Phillips

Avoiding The Blame Game: How To Limit Your Liability To Other Companies’ Employees

Fisher Phillips on

Numerous individuals who work in retail stores are actually employed by a company other than the retailer itself. These include vendor employees stocking product, sampling employees who offer customers tasty treats, inventory...more

Littler

The EEOC Continues to Press Litigation Under Title VII Concerning Employer Criminal Records Checks

Littler on

In April 2012, the Equal Employment Opportunity Commission (“EEOC”) issued updated “Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

Bradley Arant Boult Cummings LLP

Paid Family Leave Policies May Not All Be Equal: Starbucks Investors Questioning Differing Application of Paid Family Leave Policy

Bradley Arant Boult Cummings LLP on

If your company has a family leave policy that goes beyond the legal requirements of the Family and Medical Leave Act (FMLA), does that policy need to apply to all employee levels equally? No. But as Starbucks is currently...more

U.S. Equal Employment Opportunity Commission...

Big 5 Sporting Goods Sued by EEOC for Racial Harassment

U.S. Equal Employment Opportunity Commission... on

Black Employee Taunted with Racial Slurs and Death Threats, Federal Agency Charges - SEATTLE - One of the Western United States' largest sports retailers, Big 5 Sporting Goods, violated federal law when it allowed ongoing...more

Constangy, Brooks, Smith & Prophete, LLP

Retailer - Summer 2017

Constangy, Brooks, Smith & Prophete, LLP on

NEWS & ANALYSIS - Danger, Will Robinson? Automation is replacing – but also enhancing – many retail jobs- Of the 16 million Americans who work in retail, nearly half could lose their jobs to robots over the next...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Keeping the Scrooge Out of Seasonal Hiring: 6 Tips for Retailers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

November and December account for a substantial portion of retail sales—up to 30 percent of annual sales for some businesses. And while there are reports that this holiday shopping season has been delayed due to the...more

Fisher Phillips

The NLRB, Franchisees, And Temporary Employees

Fisher Phillips on

The retail industry, due to the seasonal nature of its business, has often bolstered its workforces with temporary employees through employment agencies. This arrangement works as an efficient way for employers to manage the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Reminder for Retailers: Risks Associated With Hiring Third-Party Workers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

As the retail sector grapples with the many challenges of a perpetually evolving economy and an increasingly mobile, independent, and dynamic workforce, it has become common practice for retailers to engage third parties to...more

Parker Poe Adams & Bernstein LLP

Despite Abercrombie, Fifth Circuit Again Rejects Claim From Employee Fired for Refusing to Read Rosary

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Earlier this year in its Abercrombie decision, the U.S. Supreme Court stated that an employee suing for religious discrimination did not have to demonstrate actual knowledge of an employee’s religious practices to trigger...more

Fisher Phillips

Retailers Should Heed Supreme Court Guidance On Religion

Fisher Phillips on

Earlier this summer, the U.S. Supreme Court held that retail giant Abercrombie & Fitch committed religious discrimination by refusing to hire an applicant (EEOC v. Abercrombie & Fitch, read Alert here). The company believed...more

Baker Donelson

Religious Protection or Religious Preference? – Supreme Court Rules in Abercrombie Headscarf Case

Baker Donelson on

On Monday, June 1, the Supreme Court decided a religious discrimination case involving Abercrombie & Fitch and the EEOC. The Court held that "[a]n employee may not make an applicant's religious practice, confirmed or...more

Littler

What Matters is Motive: Religious Accommodation Need as a "Motivating Factor" in Employment Decisions

Littler on

The U.S. Supreme Court’s decision in Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. resulted in an expected outcome but provided an unexpectedly small amount of practical guidance for employers. ...more

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