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Title VII › Retaliation › Constructive Discharge

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 -
U.S. Equal Employment Opportunity Commission...

EEOC and Tapco Agree to Conciliate Discrimination Charge

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

ST. LOUIS – Tapco Inc, a manufacturer and molder of farm equipment in Bridgeton, Missouri, agreed to conciliate two federal discrimination charges alleging sexual harassment and constructive discharge with the U.S. Equal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pacific Culinary and CB Foods for Sexual Harassment, Retaliation and Constructive Discharge

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

Asian Food Companies Failed to Prevent Sexual Harassment of Both Female and Male Employees, Federal Agency Charges - LOS ANGELES – Pacific Culinary Group, Inc. and CB Foods, Inc., two companies involved in the sale,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Red Robin for Sexual Harassment, Retaliation, and Constructive Discharge

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

Supervisors Repeatedly Ignored Workers’ Reports of Sexual Harassment, Federal Agency Charges - EVERETT, Wash. —Red Robin International, Inc., a casual dining chain with restaurants throughout the United States and Canada,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Gypsum Express for Sex Discrimination, Retaliation and Constructive Discharge

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

Trucking Company Subjected Women to Sex-Based Discrimination in Hiring, Federal Agency Charges - INDIANAPOLIS — The U.S. Equal Employment Opportunity Commission (EEOC) today announced that it filed suit against Gypsum...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Applebee’s Franchisee for Sexual Orientation and Race Discrimination, Retaliation and Constructive Discharge

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

Employer Permitted Racist and Homophobic Slurs, and Cut Hours of Employee Who Complained, Federal Agency Charges - TAMPA, Fla. – Neighborhood Restaurant Partners Florida, LLC, doing business as Applebee’s, violated federal...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Nice Systems, Inc., for Pregnancy Discrimination, Retaliation, and Constructive Discharge

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

Company Denied Employee her Commission Because She was Pregnant, Retaliated against her for Complaining, and Forced her to Resign, Federal Agency Charged - PALM BEACH COUNTY – NICE Systems, Inc., a software company, which...more

PilieroMazza PLLC

"Constructive Demotion" Claim Under Title VII Gains Traction in 4th Circuit District Courts

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While the viability of a claim of “constructive demotion” under Title VII of the Civil Rights Act of 1964 (Title VII) has yet to be determined by the Fourth Circuit, a series of cases in district courts within the Circuit...more

U.S. Equal Employment Opportunity Commission...

Tucoemas Federal Credit Union Settles EEOC Discrimination Lawsuit for $450,000

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

Senior Female Employees Were Passed Over for Credit Union's Top Job in Favor of a Younger, Male Applicant, Federal Agency Charged - FRESNO, Calif. - The U.S. Equal Employment Opportunity Commission (EEOC) announced today...more

U.S. Equal Employment Opportunity Commission...

North Liberty Police Department to Pay $12,000 to Resolve EEOC Discrimination Finding

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

Officer Was Subjected to Sexual Harassment, Retaliation and Finally Constructive Discharge, Federal Agency Charged - INDIANAPOLIS - The North Liberty, Ind., Police Department will pay $12,000 and make significant...more

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

Fifth Circuit Emphasizes Narrowed Liability for Employee Transfer Under the Louisiana Whistleblower Statute

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

The Fifth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Louisiana’s grant of summary judgment under the Louisiana whistleblower law, Louisiana Revised Statutes section 23:967, in favor...more

Fisher Phillips

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

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Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

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

Does the PDA Protect Nursing Mothers From Workplace Bias? 11th Circuit Says Yes

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

Does Title VII of the Civil Rights Act of 1964’s Pregnancy Discrimination Act (PDA) protect nursing mothers against post-pregnancy workplace discrimination? One federal court—the Eleventh Circuit Courts of Appeals—recently...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Whataburger for Retaliation against Manager Who Refused to Hire Only White Applicants

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

Tallahassee Restaurant Manager Was Told to Consider Only Applications That 'Sounded White,' Federal Agency Charges - TALLAHASSEE, Fla. - Fast food restaurant giant Whataburger Restaurants LLC violated federal law when it...more

Genova Burns LLC

Tick-Tock Goes the Clock: SCOTUS Clarifies the Statute of Limitations in Constructive Discharge Actions

Genova Burns LLC on

On May 23, 2016, the United States Supreme Court issued its opinion in Green v. Brennan, Postmaster General, in which the Court gave aggrieved employees in workplace discrimination cases more time to file complaints against...more

Parker Poe Adams & Bernstein LLP

Supreme Court Says Limitations Period for Discrimination Claims Runs Beginning on Date of Constructive Discharge

Parker Poe Adams & Bernstein LLP on

Title VII and related federal civil rights laws contain short administrative claims periods that often result in preclusion of actions filed after expiration of these dates. These exclusions lead to frequent litigation...more

Dickinson Wright

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

Dickinson Wright on

The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Obermayer Rebmann Maxwell & Hippel LLP

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

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On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Franczek P.C.

Resignation Date Starts the Statute of Limitations Clock In Constructive Discharge Cases, Supreme Court Holds

Franczek P.C. on

On Monday, the U.S. Supreme Court ruled that the statute of limitations for purposes of filing a claim alleging constructive discharge begins to run on the date that the employee resigns, as opposed to the last discriminatory...more

Jackson Lewis P.C.

Supreme Court: Constructive Discharge Limitations Period Begins with Notice of Resignation

Jackson Lewis P.C. on

The U.S. Supreme Court has ruled that the statute of limitations for an employee’s Title VII constructive discharge claim begins on the date of the employee’s notice of resignation. Green v. Brennan, No. 14-613 (May 23,...more

FordHarrison

Supreme Court Rules that Statute of Limitations Period for Constructive Discharge Claims Begins to Run from Date of Notice of...

FordHarrison on

The U.S. Supreme Court recently held that the statute of limitations period for constructive discharge claims under Title VII of the 1964 Civil Rights Act (Title VII) begins to run from the date that the employee gives the...more

Littler

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

Littler on

On May 23, 2016, the United States Supreme Court issued its decision in Green v. Brennan, holding that the statute of limitations for a constructive discharge claim begins to run at the time the employee resigns. While the...more

Miller Canfield

Supreme Court: Constructive Discharge Limitations Period Starts When Employee Resigns

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The Supreme Court ruled, on May 23, 2016, that for employees alleging that they were “constructively discharged” from their employment (as opposed to terminated by their employer), the statute of limitations begins to run...more

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

SCOTUS Rules: Notice of Resignation Starts the Clock in a Federal Employee’s Constructive Discharge Case

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

On May 23, 2016, the Supreme Court of the United States decided when the limitations period for filing a lawsuit begins to run for a federal employee claiming he or she resigned—or was “constructively discharged”—due to...more

Foley & Lardner LLP

Hostile Work Environments and Sexual Orientation: EEOC Files First Federal Suits

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Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications. In a...more

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