News & Analysis as of September 23, 2024

Appeals

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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 -

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

Bradley Arant Boult Cummings LLP on 5/9/2024

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Broadway Ruling Puts Discrimination Claims In The Limelight

Proskauer Rose LLP on 4/11/2024

Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Eleventh Circuit Finds That Postal Worker’s Failure to Amend EEOC Charge Spells End to Discrimination Suit

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/20/2022

On October 3, 2022, the United States Court of Appeals for the Eleventh Circuit held in Ellison v. Postmaster General, United States Postal Service that a plaintiff bringing a claim for retaliation failed to exhaust...more

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2022

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Multiple Avenues Exist for Proving Same-Sex Harassment Claims

Smith Debnam Narron Drake Saintsing & Myers,... on 7/15/2021

The Fourth Circuit Court of Appeals, which presides over federal district courts in North Carolina, South Carolina, and Virginia, recently joined several other circuit courts in determining that plaintiffs who allege same-sex...more

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

Miller Canfield on 6/9/2021

Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Texas Fifth District Court of Appeals: Texas Law Prohibits Sexual Orientation Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/26/2021

In Tarrant County College District v. Sims, No. 05-20-00351 (March 10, 2021), the Court of Appeals for the Fifth District of Texas held that “claim[s] of discrimination based on sexual orientation may be brought under the...more

Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/15/2021

The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more

Fourth Circuit Says Law Firm Equity Partner Is Not an Employee for Title VII Purposes

Parker Poe Adams & Bernstein LLP on 1/22/2021

Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on a range of protected classifications. However, Title VII only applies to employment relationships and cannot be used by contractors,...more

Investigations Newsletter: First Circuit Upholds Whistleblower Retaliation Verdict (hold for Monet)

ArentFox Schiff on 12/21/2020

False Claims Act Legal Developments - First Circuit Upholds Whistleblower Retaliation Verdict - On December 9, 2020, the US Court of Appeals for the First Circuit held as a matter of first impression that “the...more

Fifth Circuit Says Third Party Cannot Sue for Retaliation Under Title VII

Parker Poe Adams & Bernstein LLP on 8/31/2020

In its 2011 North American Stainless decision, the U.S. Supreme Court agreed that an engaged man could sue for retaliation under Title VII after he was fired around the time his fiancée filed a discrimination claim against...more

Eleventh Circuit Rejects Retaliation Claim Because HR Manager's Conduct was "Unreasonable" and Not Protected Under Title VII

Hinshaw & Culbertson - Employment Law... on 8/11/2020

In Gogel v. Kia Motors Mfg. of Ga., the Eleventh Circuit examined Title VII's opposition clause and the extent to which "oppositional conduct" can be considered so unreasonable that it loses Title VII protection. In this...more

5th Circuit Says No, Employer Not Liable for Religious Discrimination, Retaliation, or First Amendment Violations in Employee...

Seyfarth Shaw LLP on 1/31/2020

Seyfarth Synopsis: Vaccinations have been widely debated over the past few years, leaving employers unclear about their obligations to accommodate employees whose religious beliefs conflict with them. Recently the U.S. Court...more

Eleventh Circuit Holds Alleged ‘Unsavory and Unpleasant’ Behavior Not Legally ‘Pervasive’ for Purposes of Title VII Harassment...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/28/2020

In Allen v. Ambu-Stat, LLC, No. 18-10640 (January 16, 2020), the U.S. Court of Appeals for the Eleventh Circuit affirmed a Georgia district court’s dismissal of a former employee’s sexual harassment claim and delivered a...more

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

ArentFox Schiff on 12/27/2019

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Employment Flash - December 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 12/13/2019

This edition of Employment Flash looks at recent NLRB activity, including its issuance of a decision suggesting two members would be willing to reconsider a precedent regarding surveillance of employees’ union activity. We...more

Key California Employment Law Cases: June 2019

Payne & Fears on 8/29/2019

This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Employers: Don't Overlook Your Title VII Defenses!

Pullman & Comley - Labor, Employment and... on 7/26/2019

Last month the U.S. Supreme Court simultaneously resolved a long-running dispute about procedure under Title VII and sent a message to employers that it is important to pay attention and act promptly when faced with a Title...more

Invalidating Long-Standing Fourth Circuit Precedent, U.S. Supreme Court Holds that Title VII’s Charge Filing Requirement is...

Cranfill Sumner LLP on 7/3/2019

Before initiating a lawsuit under Title VII, a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination....more

Supreme Court: Title VII’s Requirements Not Jurisdictional

Manatt, Phelps & Phillips, LLP on 6/28/2019

In a unanimous decision, the U.S. Supreme Court ruled that Title VII’s charge-filing precondition to suit is not a jurisdictional requirement and is instead a procedural prescription that is subject to forfeiture, refusing to...more

SCOTUS: Filing Requirement is Not Jurisdictional

Jones Day on 6/27/2019

The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more

Use It or Lose It: SCOTUS holds that EEOC Charge-Filing Requirement Is Forfeited If Not Timely Asserted

Orrick - Employment Law and Litigation on 6/21/2019

On June 3, 2019, the United States Supreme Court issued its decision in Fort Bend County, Texas v. Davis, resolving a circuit split regarding whether Title VII’s charge-filing requirement with the Equal Employment Opportunity...more

Timely Use It, or Lose It: Recent Supreme Court Case Provides Reminders for Employers, but Employees Still Need to File a Charge...

Bracewell LLP on 6/20/2019

In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case...more

Waiver Warning: SCOTUS Determines Title VII Failure to Exhaust Defense Can be Waived

Spilman Thomas & Battle, PLLC on 6/18/2019

A recent decision from the Supreme Court of the United States - Fort Bend County v. Davis - has sparked conversations about whether a current or former employee must file a complaint with the EEOC before suing an employer for...more

U.S. Supreme Court Says Plaintiff Can Sue For Discrimination Without Filing EEOC Charge

Parker Poe Adams & Bernstein LLP on 6/17/2019

On June 3, the U.S. Supreme Court unanimously resolved a split among federal appellate courts dealing with the question of whether Title VII’s requirement that plaintiffs file an administrative charge with the Equal...more

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