Title VII Wrongful Termination

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

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

New Harassment and Retaliation Standard in Fourth Circuit

Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision

In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from the...more

Single Incident of Severe Verbal Harassment Can Be Sufficient to Establish a Hostile Working Environment

In Boyer-Liberto v. Fontainebleau Corp., 2015 WL 2116849 (4th Cir. May 7, 2015), the Fourth Circuit recently held that an isolated, but "extremely serious" incident of verbal harassment can establish a hostile work...more

Judge Awards Nearly $75,000 to Victim of Pregnancy Discrimination in EEOC Suit Against United Bible

Houston Home and Community Services Organization Unlawfully Fired Pregnant Employee Pursuant to Illegal No-Pregnancy Policy, Federal Agency Charged - HOUSTON - A federal judge has awarded a pregnancy discrimination...more

Knowingly or Not? When Does an Employee Agree to Arbitrate?

There was a time, not so long ago, when federal courts refused to enforce arbitration agreements in Title VII cases, rendering arbitration agreements in the employment context virtually meaningless. Then, in 1991, Congress...more

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

Federal Court Limits Employer's Right to Discover Information About the EEOC’s Own Hiring Policies and Expands the EEOC's Rights...

In recent years, the Equal Employment Opportunity Commission has aggressively sought to enforce its April 2012 enforcement guidance concerning how, in the EEOC’s view, Title VII of the Civil Rights Act of 1964 restricts an...more

Supreme Court to Decide When Limitations Period Begins Running for Constructive Discharge Discrimination Claims

Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more

EEOC Sues Renaissance School for Age and Sex Discrimination

School Fired Male Employee Because of His Age and Gender, Federal Agency Charges - MILWAUKEE - Renaissance School, Inc., of Racine, Wis., an owner and operator of government-funded private schools, violated federal law...more

Spiritual Director Doesn't Have a Prayer When it Comes to Her Discrimination and Termination Claims

Religious employers can rejoice once again, as yet another court upholds the ministerial exception and dismisses an employee's discrimination and termination claims....more

EEOC Files Landmark Suits Challenging Transgender Discrimination Under Title VII

For years, it has been widely understood that federal law prohibits employers from making decisions on the basis of certain protected characteristics, such as race, religion, or sex. Historically, the inclusion of “sex” in...more

Justice Department Files Pregnancy Discrimination Lawsuit against the Chicago Board of Education

WASHINGTON - The Justice Department today announced the filing of a lawsuit against the Chicago Board of Education, alleging that the board discriminated against pregnant teachers at Scammon Elementary School by subjecting...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

EEOC Consent Decree Ends Midway Neurological Pregnancy Discrimination Case

Federal Agency Charged Bridgeview Facility Illegally Fired Pregnant Social Worker - CHICAGO - Midway Neurological & Rehabilitation Center, a provider of short- and long- term medical and rehabilitation care located in...more

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