Title VII Retaliation Hiring & Firing

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 -
News & Analysis as of

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...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

Annual Report on EEOC Developments – Fiscal Year 2016

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

EEOC Sues Fracking Company for Race-Based Harassment and Retaliation

Downhole Technology Fired a Black Employee for Complaining About Racial Intimidation With a KKK Hood, Federal Agency Charges - HOUSTON - A manufacturer of equipment used in hydraulic fracturing ("fracking") violated...more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

EEOC Sues Discovering Hidden Hawaii Tours for Male-on-Male Sexual Harassment

Company PresidentSexually Harassed Male Employees for More Than a Decade, Federal Agency Charges - HONOLULU, Hawaii - Three related Hawaii tour companies -- Discovering Hidden Hawaii Tours, Inc., Hawaii Tours and...more

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

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

Puerto Rico Issues Comprehensive Labor Law Reform

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...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 Sues Plastipak Packaging For Sexual Harassment and Retaliation

Plastics Manufacturing Company Fired Materials Handler Because She Complained About Harassment, Federal Agency Charges - BALTIMORE - Plastipak Packaging, Inc. violated federal law when it fired a materials handler in...more

Cat’s Paw Making New Tracks: Second Circuit Extends Cat’s Paw Principle to Retaliation Claims and to Low-Level Employees

The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment action by a decision...more

Philips Lighting To Pay $56,000 to Settle EEOC Retaliation Charge

Lighting Company Fired Security Guard Because His Grandfather Had Sued It, Federal Agency Charged - ST. LOUIS -- Philips Lighting of North America will pay $56,000 and furnish other relief to settle a retaliation lawsuit...more

Employers Beware of the Cat's Paw

The cat scratches again! Five years ago, the United States Supreme Court handed down Staub v. Proctor Hospital, wherein it held that an employer may be liable for a supervisor's discriminatory animus when the independent...more

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Headline news: Policies, procedures essential tools in fight against sexual harassment

Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made...more

Peters' Bakery to Pay $40,000 to Settle EEOC Harassment and Retaliation Lawsuit

East San Jose Bakery Subjected Latina Clerk to Verbal Abuse, Then Punished Her for Complaining, Federal Agency Charged - SAN JOSE, Calif. - East San Jose-based Peters' Bakery will pay $40,000 to a Latina employee and...more

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

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

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

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

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

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

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

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

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

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

Supreme Court Clarifies the Time Period for Initiating Constructive Discharge Claims

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

Landis Communities and Landis Homes Retirement Community Will Pay $132,500 to Resolve EEOC Suit

Nursing Home Terminated Pregnant Nursing Supervisor Who Requested a Lifting Accommodation, Conducted Unlawful Medical Inquiry, and Refused Rehire Because of Her Disability, Federal Agency Says - PHILADELPHIA - Nursing...more

Fifth Circuit Holds Third Party Witness’ Retaliation Claim Requires “Reasonable Belief” That a Title VII Violation Has Occurred

The Fifth Circuit recently held that a third party witness who was fired after providing information in response to her employer’s investigation of a coworker’s harassment allegations had to demonstrate she had a “reasonable...more

Employment Law Letter - Spring 2016

Will Smoking Pot on the Job Get You Fired? You’d think that would be a slam dunk question, but if you’re a state employee whose union is willing to take your case to an arbitrator, apparently it isn’t. Back in 2012,...more

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