Title VII Sexual Harassment

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

Supreme Court Tells EEOC It May Be on the Hook for Fees if It Does Not Fulfill Its Statutory Pre-Suit Duties

Title VII of the Civil Rights Act of 1964 (Title VII) authorizes the award of attorneys’ fees to a party who prevails in a discrimination or retaliation claim brought under that statute. Although this fee shifting provision...more

Supreme Court Update: Green V. Brennan (14-613), Wittman V. Personhuballah (14-1504) And Foster V. Chapman (14-8349)

Three more decisions this morning—Green v. Brennan (14-613), holding that the 45-day limitations period for a constructive-discharge action under Title VII begins to run after the employee gives notice of his resignation;...more

SCOTUS Dodges EEOC Fee-Shifting

This morning, the Supreme Court dodged the final resolution of an issue we have all been dying to have resolved, but threw a nice bone to employers in the process. CRST Van Expedited, Inc. v. EEOC The case started when the...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Supreme Court Leaves Massive Attorney's Fee Award Against EEOC Unresolved

But Decision Could Still Be Helpful For Employers - Today, in a unanimous 8-0 decision, the U.S. Supreme Court declined to issue a definitive ruling on whether an employer is entitled to recover nearly $5 million dollars...more

Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately...more

An Open Love Letter to Justice Clarence Thomas

I admit it. I have a crush on Justice Thomas. Today’s unanimous Supreme Court opinion in CRST Van Expedited, Inc. v. EEOC – holding that a merit-based dismissal is not necessary for a defendant to qualify as the “prevailing...more

Supreme Court Decides RST Van Expedited, Inc. v. EEOC

On May 19, 2016, the Supreme Court of the United States decided RST Van Expedited, Inc. v. EEOC, No. 14-1375, holding that a defendant may be a prevailing party—and therefore entitled to an award of attorneys’ fees under...more

Achiote Restaurant To Pay $27,500 To Settle EEOC Male-On-Male Sexual Harassment / Retaliation Suit

Several Young Mexican-American Males Secretly Videotaped in Men's Room, Federal Agency Charged - SAN DIEGO - A San Ysidro, Calif., restaurant will pay $27,500 and furnish remedial relief to settle a male-on-male class...more

Are Your HR Investigation Notes Protected Against Disclosure? Maybe, Maybe Not.

Just last month, two federal district courts reached different conclusions, further contributing to the confusion as to whether notes taken during a Human Resources department investigation of a discrimination or harassment...more

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

Truckin’ To The Top Court: CRST Files Final Reply Brief Before Supreme Court Argument Against EEOC

In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this...more

ABC Phones of North Carolina Sued by EEOC for Same-Sex Harassment

Female Sales Consultant Was Subjected to Unwelcome Sexual Comments and Groping by Female Co-Worker, Federal Agency Charges - WILMINGTON, N.C. - ABC Phones of North Carolina, Inc. dba A Wireless, a Greenville, N.C.,...more

Repeated Touching Enough to Justify Same-Sex Harassment Verdict

Plaintiffs seeking compensation for sexual harassment must demonstrate that they were subjected to a hostile and offensive working environment. Plaintiffs in same-sex harassment claims have the additional burden of proving...more

The Next Frontier of Title VII – EEOC Files its First Sexual Orientation Discrimination Cases

This week, the U.S. Equal Employment Opportunity Commission filed its first lawsuits alleging sexual orientation discrimination under Title VII against employers in Pennsylvania and Maryland. In both cases, the EEOC seeks...more

“We Don’t Want To Pay $4.7 Million” – EEOC Files Its Supreme Court Brief in CRST Fee Sanction Case

As we recently blogged here, EEOC v. CRST Van Expedited, Inc. is an important case on the Supreme Court’s docket that employers absolutely need to monitor. At issue is whether attorneys’ fees are appropriate in instances...more

Memphis Cheddar’s Settles EEOC Sexual Harassment Lawsuit for $450,000

Male Managers at Memphis Restaurant Sexually Harassed a Class of Female Employees, Federal Agency Charged - MEMPHIS - Mint Julep Restaurant Operations, LLC, an independent restaurant company and franchisee of the casual...more

Vacation Resorts International to Pay $125,000 to Settle EEOC Sexual Harassment / Retaliation Suit

Female Employee Fired for Reporting Egregious Sexual Harassment, Federal Agency Charged - MIAMI - Vacation Resorts International (VRI), a provider of management and marketing services to resorts, condominiums, and...more

Save-A-Lot Franchise Pays $125,000 to Settle EEOC Sexual Harassment Suit

Company Ignored Escalating Sexual Harassment and Sexual Assault of Female Cashier, Federal Agency Charged - GREENVILLE, Miss. - The Canton, Miss., franchise of Save-A-Lot Grocery operated by Potter and Sims Foods, Inc.,...more

Sirdah Enterprises/Taboo 2 Consents to $250,000 Judgment to Settle EEOC Sexual Harassment Suit

Roswell Restaurant/Nightclub Manager Harassed Waitresses And Forced Them to Quit, Federal Agency Charged - ATLANTA - Sirdah Enterprises, Inc., doing business as Taboo 2 Bar & Bistro in Roswell, Ga., has consented to a...more

EEOC Sues Windsor Inn for Sexual Harassment and Retaliation

Restaurant Owner Sexually Assaulted and Harassed Female Employees, Federal Agency Charges - BALTIMORE -R.V. Associates Limited, doing business as Windsor Inn, violated federal law when its restaurant manager subjected...more

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

When Is a Coworker Also a Supervisor: Issue Still Undecided after Recent Fourth Circuit Decision…

On November 6, 2015, the U.S. Court of Appeals for the Fourth Circuit, in McKinnish v. Brennan, an unpublished decision, confirmed that an employee’s failure to report his or her supervisor’s allegedly sexually explicit text...more

EEOC’S Lawsuit Against Costco to Proceed

Court Denies Warehouse Retailer's Attempts to Avoid Trial on Allegations Store Failed to Stop Customer from Stalking and Harassing Employee - CHICAGO - A federal district court judge ruled that the U.S. Equal Employment...more

Employment Law Navigator – Week in Review: December 7, 2015

‘Tis the season for holiday cheer and employer-sponsored celebrations. It’s a good time to heed the words of sage employment lawyers who want to help you avoid celebration-related complaints, charges and lawsuits. Last...more

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