Title VII Sex 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... 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

Pennsylvania Federal Court Interprets Title VII Broadly to Protect Against Gender Stereotyping and Perceived Sexual Orientation

On March 23, Judge Stengel in the Eastern District of PA denied an employer’s motion to dismiss a Title VII case filed by an employee claiming discrimination and harassment based on her appearance and perceived sexual...more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides...more

Ultracare Las Vegas Settles EEOC Sex Discrimination Lawsuit

Placement Agency Fired Male Employee Because Of His Gender, Federal Agency Charged - LAS VEGAS - Ultracare Las Vegas, an ultrasound technician provider, will pay $15,000 and furnish other relief to settle a sex...more

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

Supreme Courts Dismissal of Transgender Discrimination Case Could Affect Employment Discrimination Claims

Earlier this month, the Trump administration withdrew the Department of Justice’s prior position that Title IX of the Civil Rights Act prohibits schools and other covered institutions from discriminating on the basis of...more

“Free To Be . . . You And Me”: The 11th Circuit’s Strange LGBT Decision

This latest decision from the U.S. Court of Appeals for the Eleventh Circuit on sexual orientation discrimination is weird. A panel of the court found 2-1 in Evans v. Georgia Regional Hospital that the plaintiff did not have...more

Executive Management Services to Pay $12,500 to Settle EEOC Sex Discrimination Lawsuit

Cleaning Services Provider Refused to Hire Qualified Male for Janitor Job Because of His Gender, Federal Agency Charged - CHARLOTTE, N.C. - Executive Management Services, Inc. (EMS), an Indiana-based corporation that...more

Appeals Court Refuses To Extend Title VII Coverage To Sexual Orientation

On Friday, the 11th Circuit Court of Appeals declined to extend Title VII’s protections to sexual orientation discrimination, but reinforced that employees may allege sex discrimination claims when they face workplace...more

Medical Residents May Sue Under Title IX

In a decision likely to have significant implications for hospitals and other educational programs that receive federal financial assistance, the Third Circuit Court of Appeals recently held that a Philadelphia hospital can...more

Nestlé Waters North America To Pay $300,000 To Settle Sex Discrimination Lawsuit

Water Company Denied Position to Veteran Manager Because of Her Gender, Then Eliminated Her Job Due to 'Consolidation,' Federal Agency Charges - TAMPA, Fla. -- Nestlé Waters North America, a Stamford, Conn.-based...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Title IX Meets VII: Grappling with Gender-Based Harassment and Discrimination in Education

Employers in education are familiar with Title IX of the Education Amendments of 1972 and its applicability to all schools receiving federal funding. Title IX states that “No person in the United States shall, on the basis...more

What Can Employers Glean from the DOE’s and the DOJ’s Position on the Provision of Transgender Bathrooms under Title IX?

On February 22, 2017, the Department of Justice and the Department of Education issued a “Dear Colleague” letter withdrawing the statements of policy and guidance issued by the Department of Education on January 7, 2015 and...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

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

Is Same-Sex Discrimination Considered “Sex Discrimination” Under Title VII? 

The Supreme Court made clear in 2015 that same-sex marriage is legal across the nation. However, two years later, we still are not clear whether a person’s sexual orientation is protected under Title VII’s “sex...more

U.S. Supreme Court to consider transgender restroom lawsuit

Society’s view of gender has evolved significantly since then. The rigid dichotomy of a two-gender world view is frequently challenged and, in some cases, rejected outright. As society’s views on gender morph, the law is...more

Employee Benefits Developments - January 2017

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of January, 2017. Click through the links below for more information on each specific development or case. IRS...more

Delaware Law Now Protects Reproductive Health Decisions and Family Responsibilities

An amendment to the Delaware Discrimination in Employment Act (DDEA) has taken effect and it opens employers up to new discrimination claims by Delaware employees. The DDEA now prohibits discrimination by an employer...more

Mexicali Chicken & Salads Ordered To Pay $27,700 to Resolve Sexual Harassment Lawsuit Filed By EEOC

Young Female Employee Sexually Harassed by Restaurant Manager and Terminated After She Complained, Federal Agency Charged - SAN DIEGO - A federal judge has ordered Mexicali Chicken & Salads, an El Centro, Calif.-based...more

North Dakota Employer Harassed Worker Because of His Sexual Orientation, EEOC Charges

Male Employee Was Subjected to a Hostile Work Environment Because of His Sexual Orientation, Federal Agency Charges - MINNEAPOLIS -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has...more

Sex, religion, and the holidays — what fun!

Happy Holidays! It’s that time of year again. A feeling of excitement in the air, presents, parties, frivolity, EEOC charges. . . . No, this is not a guessing game of “which word doesn’t fit.” With the end of the year...more

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Current Title VII May Soon Protect Sexual Orientation

The familiar language of Title VII of the Civil Rights Act of 1964 prohibits employment discrimination because of a person's "race, color, religion, sex, or national origin." As many courts and commentators have pointed out,...more

Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination...more

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