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Title VII › Summary Judgment

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 -
Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

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A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

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May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

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In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

Hicks Johnson

Supreme Court Considers Title VII Case That Could Impact Company Diversity Initiatives

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On December 6, 2023, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a Title VII case out of the Eighth Circuit. The petitioner, Sergeant Jatonya Muldrow of the St. Louis Police Department, alleged sex...more

Marshall Dennehey

Third Circuit Reaffirms High Bar for Showing ‘Severe and Pervasive’ Harassment for Hostile Work Environment Claims Under Title VII

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A nurse practitioner sued her employer alleging, inter alia, a hostile work environment on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Specifically, the plaintiff claimed that...more

Sherman & Howard L.L.C.

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

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Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

Parker Poe Adams & Bernstein LLP

Federal Court Rejects Claims by Employees Allegedly Fired for Wearing BLM Masks

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In February 2021, we wrote about Kinzer, et al. v. Whole Foods Market, Inc., a case pending in Massachusetts federal court in which multiple employees alleged that they had been terminated by Whole Foods for wearing Black...more

Bradley Arant Boult Cummings LLP

Failing to Cite? Say Bye to Employment Claims in the 5th Circuit

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Does a plaintiff have to specify not only the facts but also the law that applies? In Bye v. MGM Resorts, Inc., the Fifth Circuit looks at a common pleading issue: What do you do when a plaintiff pleads facts that may or may...more

Dorsey & Whitney LLP

Seventh Circuit Says Summary Judgment Stands: Evidence Does Not Support FCA Retaliation

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Yesterday, the Seventh Circuit Court of Appeals affirmed a summary judgment decision dismissing a former employee’s False Claims Act (“FCA”) retaliation suit. Lam v. Springs Window Fashions, LLC, No. 21-2665, 2022 U.S. App....more

Proskauer - Law and the Workplace

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

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On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Butler Snow LLP

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

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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

DirectEmployers Association

OFCCP Week In Review: November 2021

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit Not Enamored of ‘Paramour Preference’ Claims

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The U.S. Court of Appeals, Ninth Circuit, rejected “paramour preference” claims under Title VII, affirming summary judgment in favor of an employer and following the other federal appellate courts in rebuffing claims...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

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In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...more

U.S. Equal Employment Opportunity Commission...

EEOC Scores Summary Judgment Win Against Stan Koch & Sons Trucking in Sex Discrimination Case

U.S. Equal Employment Opportunity Commission... on

Court Agrees With EEOC That Trucking Company’s Use of Strength Test Developed by Cost Reduction Technologies Disadvantages Women, Violates Federal Law - MINNEAPOLIS – A federal judge has ruled as a matter of law that Stan...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Agrees That Paramour Preference Does Not Violate Title VII

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In a new opinion from the Ninth Circuit Court of Appeals, Maner v. Dignity Health, the plaintiff was a male design engineer who was laid off due to performance and budget cut issues. He alleged that he had been discriminated...more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Saiber LLC

Court Upholds Employee’s Termination for Violating Employer’s Social Media Policy

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On March 4, 2021, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States District Court for the Western District of Pennsylvania which ruled in Ellis v. Bank of New York Mellon Corp....more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

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Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

Jackson Lewis P.C.

Women’s National Soccer Team Collective Action Against USSF: Settlement, In Part

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A lawsuit brought by female professional soccer players against the United States Soccer Federation (USSF) may be settled, partly. In 2019, female professional soccer players on the United States Senior Women’s National...more

Sherman & Howard L.L.C.

Don’t Let “Sending The Right Message” Stand In The Way Of An Effective Investigation

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In today’s world, employers may be tempted to react quickly and with force to complaints of discrimination before allowing a complete investigation to run its course. A new decision from the U.S. District Court for the...more

Jackson Lewis P.C.

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

Jackson Lewis P.C.

U.S. Supreme Court Denies Petition Seeking To Scrap McDonnell Douglas Burden-Shifting Analysis

Jackson Lewis P.C. on

Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and...more

Jackson Lewis P.C.

California Supreme Court Agrees To Answer Question About Employment Retaliation

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Is the California Supreme Court about to make it more difficult to dispose of whistleblower retaliation claims? That may well be the case. The Supreme Court has agreed to answer the 9th Circuit Court of Appeals’ question...more

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