Discrimination

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.

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News & Analysis as of May 23, 2013

Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

by Michael Newman | Barger & Wolen on 5/8/2013

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

Hire Dynamics Sued by EEOC for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Federal Agency Charges Staffing Company Stopped Giving Work to Employee Because He Filed EEOC Charge - ATLANTA - Hire Dynamics, LLC, a major staffing and professional recruitment company headquartered in Duluth, Ga.,...more

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

by Jonathan Hershberg, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/18/2013

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

Landau Uniforms Settles EEOC Pregnancy Discrimination Suit for $80,000

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Health Care Clothing Manufacturer Fired Employee Due to Pregnancy, Federal Agency Charged - OXFORD, Miss. Landau Uniforms, Inc., a Mississippi-based company that manufactures and distributes medical scrubs and other...more

Higher Education Highlights - Spring 2013

by James Keller, William Manning, Christine Pickel, James Taylor, Jr. | Saul Ewing LLP on 4/9/2013

In This Issue: - U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims - Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support - Delaware...more

EEOC Sues Winfield Rubber for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Manager Fired for Disciplining Accused Harasser, Federal Agency Charges - BIRMINGHAM, Ala. Winfield Rubber Manufacturing Co., Inc. violated federal law when it retaliated against one of its managers for firing an...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

EEOC Sues Prestige Transportation Service for Pattern and Practice of Hiring Discrimination

by U.S. Equal Employment Opportunity Commission... on 2/28/2013

Company Refused to Hire Black Applicants, Federal Agency Charged - MIAMI - A Miami transportation company violated federal law by subjecting African-Americans to race discrimination, U.S. Equal Employment Opportunity...more

Mixed Motive Case Provides Mixed Results For California Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/13/2013

In Harris v. City of Santa Monica, +2013 Cal. LEXIS 941 (2013), the California Supreme Court considered a mixed motive discrimination case in which an employer had both lawful and unlawful reasons for terminating an employee....more

EmployerLINC.com - February 8, 2013: Court enforces agreement to arbitrate

by Charlie Plumb | McAfee & Taft on 2/11/2013

In a January 23, 2013 decision, the U.S. District Court for the Northern District of Oklahoma continued a recent trend in Oklahoma cases enforcing arbitration clauses included in employment agreements or relationships....more

BASF Corporation to Pay $500,000 to Settle EEOC Retaliation Lawsuit Against Cognis

by U.S. Equal Employment Opportunity Commission... on 2/5/2013

Employees Were Forced to Sacrifice Their Civil Rights or Their Jobs, Agency Charged - URBANA, Ill. - BASF Corporation will pay $500,000 to settle a retaliation lawsuit filed by the U.S. Equal Employment Opportunity...more

Are Courts Reluctant To Grant Summary Judgment In Hostile Work Environment Cases?

by James G. Ryan | Cullen and Dykman LLP on 2/4/2013

The Second Circuit has recently reiterated its hesitancy to permit summary judgment in hostile work environment claims that present ambiguities as to the sufficiency of plaintiff’s case. In Rivera v. Rochester Genesee Reg’l...more

Supreme Court Asked To Decide If Retaliation Claims Require New Administrative Charge

by Michael Graham, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 2/1/2013

On January 8, 2013, the U.S. Supreme Court was petitioned to rule on whether employees must file a new or amended charge to pursue an employment retaliation claim arising from an initial Title VII discrimination charge....more

Supreme Court To Hear "Mixed Motive" Title VII Case

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/23/2013

The Supreme Court has agreed to hear an intriguing case regarding whether an employer can be held liable even if it has a legitimate reason for making an adverse employment decision. The Court announced on January 18 that it...more

Sixth Circuit Rules Employers Can Avoid Fiascos Like Romney’s “47%” Recording by Banning Secret Recordings in the Workplace

by Josephine S. Noble | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2013

With President Obama’s inauguration next week, I am reminded of the surreptitious recording that played a significant role in the final weeks of his campaign last year—the infamous “47%” recording. Secret recordings can have...more

EEOC Alerts Employers to Potential Title VII and ADA Rights of Employees Who Experience Domestic Violence, Sexual Assault or...

by Lisa E. Cleary | Patterson Belknap Webb & Tyler LLP on 1/9/2013

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” document regarding the application of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA)...more

Emmert International to Pay $180,000 to Settle EEOC Race Harassment and Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

Heavy Haul Transportation Company Allowed Environment of Racial Abuse and Retaliated Against Employee for Complaining, Federal Agency Charged - PHOENIX - Emmert International agreed to settle an employment...more

Don’t Sign Away Discrimination Claims to Get Severance Pay

by Michele Bowman | Lawyers.com on 1/2/2013

Trinity Health Corporation on Dec. 20 settled charges brought by the EEOC over the employer’s alleged policy of Finger pointing to show where to sign documentdenying or delaying severance to employees who file discrimination...more

“Associational Retaliation” Actionable, But Claim Still Booted

by Steven J. Pearlman, Amanda Wiley | Proskauer - Whistleblowing & Retaliation on 12/28/2012

The U.S. District Court for the Northern District of Illinois granted a company summary judgment on an “associational retaliation” claim brought under Title VII by a temporary worker claiming the company ended her assignments...more

EEOC Sues Paramount Janitorial Services, Inc. For Retaliation

by U.S. Equal Employment Opportunity Commission... on 12/24/2012

Janitorial Service Unlawfully Fired Female Janitor for Complaining About Racist Slurs, Federal Agency Charges - PETERSBURG, VA. - Paramount Janitorial Services Inc., a Petersburg, Virginia based janitorial service...more

OfficeMax Settles EEOC’s Retaliation Suit for $85,000, Injunctive Relief

by U.S. Equal Employment Opportunity Commission... on 12/20/2012

Ex-Employee Alleged a Series of Retaliatory Actions By Store Manager After Complaining About Discrimination - SARASOTA, Fla. - OfficeMax, an office and technology supply store, will pay $85,000 and target recruitment...more

DHL Global Forwarding Pays $201,000 to Settle EEOC National Origin Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 12/4/2012

Hispanic Workers Were Singled Out for Harassment, Agency Charged DALLAS - Air Express International, USA, Inc. and Danzas Corporation, doing business as DHL Global Forwarding, will pay $201,000 to nine employees and...more

EEOC Suggests That Title VII and ADA May Apply to Employment Situations Involving Domestic Violence and Sexual Assault

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/1/2012

Neither Title VII of the Civil Rights Act nor the Americans with Disabilities Act (ADA) specifically prohibits discrimination against individuals who may be victims of domestic or dating violence, sexual assault, or stalking....more

Southern District Of New York Dismisses NYSHRL Claims That Arose Outside New York And Retaliation Claims For Failure To...

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/23/2012

Meyers v. Medco Health Solutions, Inc., No. 09-CV-9216(RKE) (S.D.N.Y. Oct 3, 2012, Eaton, J., sitting by designation from the U.S. Court of International Trade): The plaintiff served as a senior director for the defendant...more

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