News & Analysis as of September 23, 2024

Title VII › Sexual Harassment › Attorney's Fees

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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 -

Step-dad’s “slobbery” kiss leads to big trouble for Tennessee employer

Butler Snow LLP on 2/15/2022

Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more

The Employment Law Reporter- July 9, 2020

Rivkin Radler LLP on 7/9/2020

Welcome to the Summer 2020 issue of The Employment Law Reporter. This inaugural issue of this quarterly newsletter first reviews the landmark U.S. Supreme Court opinion in which the Court ruled that an employer that fires an...more

End of the Road: Eighth Circuit Upholds $3.3 Million Fee Award Against The EEOC For Frivolous Claims

Seyfarth Shaw LLP on 12/13/2019

Seyfarth Synopsis: After over a decade of litigation between the EEOC and trucking company CRST Van Expedited, the Eighth Circuit recently affirmed a federal district court’s order requiring the EEOC to pay $3.3 million in...more

Substantial Changes Coming to New York Employment Discrimination Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/26/2019

On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more

Massachusetts Legislature Considers Prohibiting Mandatory Arbitration of Employment Claims

Proskauer - Law and the Workplace on 2/12/2018

A bill prohibiting mandatory arbitration of employment-related claims, introduced in late 2017 before the Massachusetts House of Representatives, continues to gain traction in early 2018. The bill (House Bill 4058), which...more

#MeToo Settlements and the Tax Code Overhaul: No More Tax Incentive to Hush Victims

Mintz - Employment Viewpoints on 12/22/2017

Taking note of the #MeToo movement, Congress included a new provision in the tax code overhaul bill — Section 13307 – which is titled “Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection...more

Web Exclusive: EEOC Trial Tactics Lead To Massive Sanctions Award

Fisher Phillips on 11/13/2017

After more than ten years of protracted litigation brought by the Equal Employment Opportunity Commission (EEOC), including a stop at the U.S. Supreme Court, an Iowa federal district court recently upheld an award of nearly...more

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

Seyfarth Shaw LLP on 9/28/2017

Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

California Employment Law Notes - July 2016

Proskauer - California Employment Law on 7/14/2016

Employer Is Entitled To Recover $4 Million In Attorney's Fees From EEOC - CRST Van Expedited, Inc. v. EEOC, 578 U.S. ___, 136 S. Ct. 1642 (2016) - The EEOC filed suit against CRST (a trucking company) alleging...more

Supreme Court Allows Employer to Collect Fees From the EEOC Without Verdict on Merits of Claim

Parker Poe Adams & Bernstein LLP on 6/6/2016

Title VII allows federal courts to award attorneys’ fees to the prevailing party in discrimination suits. While plaintiffs typically receive their fees if they win a discrimination or retaliation claim, defendants can also...more

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

Franczek P.C. on 5/25/2016

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

SCOTUS Dodges EEOC Fee-Shifting

Sherman & Howard L.L.C. on 5/20/2016

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

Dorsey & Whitney LLP on 5/20/2016

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

Fisher Phillips on 5/20/2016

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

Littler on 5/20/2016

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

Constangy, Brooks, Smith & Prophete, LLP on 5/20/2016

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

Faegre Drinker Biddle & Reath LLP on 5/20/2016

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

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

Seyfarth Shaw LLP on 3/25/2016

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

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

Seyfarth Shaw LLP on 2/25/2016

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

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

Zelle LLP on 12/8/2015

‘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

New York Expands Protections for Women with Passage of Women's Equality Act

Littler on 11/4/2015

On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay...more

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

Proskauer - California Employment Law on 1/21/2015

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more

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