Title VII

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

EEOC Issues New Guidance on Religious Dress and Grooming in the Workplace

The Equal Employment Opportunity Commission (“EEOC”) has recently issued an informal guidance on the issue of religious dress and grooming. The guidance comes in wake of several suits accusing employers of religious...more

Fenwick Employment Brief - April 2014

Supreme Court Confirms FICA Taxes Must be Withheld from Severance Payments - Finding severance payments to be a form of “remuneration for employment,” the United States Supreme Court in United States v. Quality Stores,...more

Two New Cases Demonstrate High Bar for Proving Sexual Harassment

Not all sex-related behavior in the workplace gives rise to an actionable claim for sexual harassment. In order to violate Title VII, the actions complained of must be unwelcomed, and must create a hostile and offensive...more

Sixth Circuit Upholds Dismissal of EEOC Suit Against Employer Screening Applicants Based on Credit History Information

In April 2012, the Equal Employment Opportunity Commission (EEOC) issued its updated enforcement guidance concerning how, in its view, Title VII of the Civil Rights Act of 1964 (Title VII) restricts an employer’s discretion...more

Benhar Office Interiors to Pay $90,000 to Settle EEOC Pregnancy Discrimination Suit

Federal Agency Charged Office Furniture Store with Refusing to Hire Applicant When It Learned She Was Pregnant - NEW YORK - Benhar Office Interiors LLC, a New York-based office furnishing and architectural store in...more

Social Media: Friend or Foe?

Social media can be a powerful tool for employers when facing litigation, but it can also expose employers to liability when used to make employment decisions, especially when it comes to hiring new employees. For example,...more

Employment Law

Second Circuit: Inability to Sit for Long Periods Can Trigger ADA Coverage - Why it matters: Can an employee’s inability to sit for a prolonged period of time constitute a disability under the Americans with...more

Employer Can Be Liable For Its Predecessor’s FLSA Violations

The Third Circuit Court of Appeals recently held that an employer can be liable for its predecessor’s violations of the Fair Labor Standards Act. Thompson v. Real Estate Mortgage Network, No. 12-3828 (3d Cir. Apr. 4, 2014)....more

Sixth Circuit Affirms Summary Judgment Against EEOC in Credit Check Suit

In Equal Employment Opportunity Commission ("EEOC") v. Kaplan Higher Education Corp., No. 13-3408 (6th Cir. Apr. 9, 2014), the U.S. Court of Appeals for the Sixth Circuit affirmed the award of summary judgment against the...more

Utah Employment Law Letter: April 2014: Title VII: To protect and serve? Harassment claim sent back to Utah court

You may have heard the term “summary judgment.” It means that if the facts of a case are so clear that only one outcome is possible at trial, a court will forgo a trial and decide the case. This process ensures that resources...more

EEOC Roundup: February 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

Did the EEOC Try Hard Enough to Resolve Your Case Before Filing Suit?

In March, 2014, three powerful business groups urged the U.S. Supreme Court to consider an important issue at stake for employers in Mach Mining LLC v. Equal Employment Opportunity Commission—can courts review the adequacy of...more

Fourth Circuit Affirms Sanctioning of EEOC for Unreasonable Lawsuit Brought Against Employer Six Years After Charge Filed

Employers involved in litigation under Title VII and related federal civil rights laws understand that a prevailing plaintiff is entitled to collect his or her attorneys’ fees. These employers may not be aware that in more...more

Another Federal Player in the Social Media Sandbox

There seems to be room in the sandbox for lots of people to play. Recent recesses have seen the NLRB dominate the discourse over the do’s and don’ts when it comes to social media and employment law. But another federal...more

Second Circuit Holds That EEOC Charge Does Not Toll State Law Tort Claims

Castagna v. Luceno, No. 13-0796-CV (2d Cir. Mar. 5, 2014): In a case of first impression, the Second Circuit Court of Appeals joined the Seventh and Ninth Circuits, and a majority of district courts, holding that filing...more

Separate and Unequal

Unlike people, not all schools are created equal. Anyone who doubts that need only review the results of the Civil Rights Data Collection [“CRDC”] for the 2011-2012 school year, which were released on March 21, 2014 by...more

Rhode Island Court Considers Harassment and Discrimination Claims Involving Alleged Harasser and Victim of the Same Sex

The U.S. District Court for the District of Rhode Island recently considered the application of Title VII of the Civil Rights Act of 1964 and the Rhode Island Fair Employment Practices Act (FEPA) in the context of an alleged...more

Title VII at Age 50: Still Room for Creativity? Developing New Defenses and Testing New Claims

New Substantive Uses of Title VII - Sexual Orientation And Gender Identity: ..Issue: Whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. ..Statutory...more

The EEOC Amplifies its Focus on Religious Discrimination

The U.S. Equal Employment Opportunity Commission (“EEOC”) received 3,721 charges alleging religious discrimination in fiscal year 2013. In partial response to these charges, earlier this month, the EEOC issued new technical...more

EEOC Posts Technical Assistance On Religious Dress And Grooming In The Workplace

Religious discrimination charges filed with the EEOC have increased over the years, rising to 3,721 private sector discrimination charges in fiscal year 2013. An EEOC religious discrimination charge resulted in the United...more

EEOC Publishes Guidance on Employment Rights Related to Religious Garb and Grooming in the Workplace

On March 6, 2014, in an effort to answer questions about how federal employment discrimination law applies to religious dress and grooming practices, the U.S. Equal Employment Opportunity Commission (EEOC) issued a...more

#WWJD? EEOC Provides Guidance on Religious Accommodation

Last week, the EEOC issued specific guidance for employers regarding religious accommodation under Title VII. Entitled "Religious Garb and Grooming in the Workplace: Rights and Responsibilities," the guidance focuses on the...more

The Road Not Taken

What is not alleged in a lawsuit can, paradoxically, sometimes serve as more of a cautionary note than what is, for its very absence brings it prominence. Such is the case with Saliba v. Five Towns College, 2014 WL 92690...more

EEOC Issues New Guidance On Religious Accommodations

The United States Equal Employment Opportunity Commission ("EEOC") recently issued new guidance concerning religious workplace accommodations. The first document, titled Religious Garb and Grooming in the Workplace: Rights...more

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