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 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.

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News & Analysis as of May 22, 2013

Stone Pony Pizza Sued for Race Discrimination

by U.S. Equal Employment Opportunity Commission... on 5/21/2013

Company Refused to Hire African-American Applicants, Federal Agency Charges CLARKSDALE, Miss. - Stone Pony Pizza, Inc., a Clarksdale pizza restaurant and bar, violated federal law by refusing to hire a class of...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

by U.S. Equal Employment Opportunity Commission... on 5/17/2013

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

Gender Stereotyping Based on a Person’s Non-Conforming Behavior Violates Title VII

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/17/2013

As the U.S. Supreme Court has recognized, Title VII of the Civil Rights Act of 1964 is intended to “strike at the entire spectrum of disparate treatment of men and women resulting from sex stereotyping.” Recently, a federal...more

PFERD Milwaukee Brush to Pay $65,000 In EEOC Pay Bias Suit

by U.S. Equal Employment Opportunity Commission... on 5/15/2013

Company Refused to Pay Female Employee as Much as Men, Federal Agency Charged - MILWAUKEE, Wis. - A federal magistrate judge in Milwaukee has entered a consent decree resolving a job discrimination lawsuit brought by...more

Fenwick Employment Brief - May 2013

by Daniel J. McCoy, Dan Ko Obuhanych | Fenwick & West LLP on 5/15/2013

The NLRB's controversial requirement that employers post notices informing employees of their rights under the National Labor Relations Act (as reported in our January and May 2012 FEBs) has been held unconstitutional by the...more

America’s Largest Onion Grower to Pay $150k to Settle EEOC Harassment and Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 5/15/2013

River Point Farms Supervisor Reinforced Domestic Abuse, Federal Agency Charged - PENDLETON - A Hermiston, Ore., farm which calls itself America's largest onion grower will pay $150,000 to a female worker and provide...more

No Nonsense

by Kristin Starnes Gray | FordHarrison on 5/13/2013

Litigation Value: Office romance with the new Regional Manager (and A.A.R.M.) = fodder for a potential sexual harassment claim; eliminating nonsense from the workplace = every human resources manager’s dream; Dwight giving...more

Jury Awards More Than $1.5 Million in EEOC Sexual Harassment and Retaliation Suit against New Breed Logistics

by U.S. Equal Employment Opportunity Commission... on 5/13/2013

MEMPHIS, Tenn. - A jury has rendered a verdict of more than $1.5 million in the U.S. Equal Employment Opportunity Commission's (EEOC) sexual harassment and retaliation lawsuit against New Breed Logistics, a North ...more

"My Prior Complaint Was One Of The Reasons For The Adverse Employment Action": Mixed Motive Theories For Retaliation Claims Under...

by Nefertari S. Rigsby | Akerman Senterfitt on 5/10/2013

Recently, the Supreme Court heard oral arguments in University of Texas Southwestern Medical Center v. Nassar, which addresses the causation standard for retaliation claims under Title VII. The Supreme Court has already held...more

Attorney Fees Not Available In Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules

by Michael Newman | Barger & Wolen on 5/8/2013

Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have...more

EEOC Makes Protecting Rights Of LGBT Workers A Top Priority

by Albert Llosas Barrueco | Pepper Hamilton LLP on 5/7/2013

As the debate over gay marriage continues to intensify throughout the country, so does the issue of workplace rights for the lesbian, gay, bisexual and transgender (LGBT) community. LGBT workers currently face substantial...more

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/7/2013

A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more

SEC Issues Proposal Regarding Cross-Border Security-Based Swap Activities

by James M. Brady, Ross Pazzol | Katten Muchin Rosenman LLP on 5/7/2013

On May 1, the Securities and Exchange Commission proposed rules and interpretive guidance with respect to cross-border security-based swap activities. Under this proposal, the requirements of Title VII of the Dodd-Frank Wall...more

Orland Park Janitorial Company to Pay $360,000 to Resolve Claim of Discrimination against Hispanics

by U.S. Equal Employment Opportunity Commission... on 5/3/2013

EEOC Says RJB Properties Harassed and Fired Hispanic Employees and Retaliated Against Supervisors Who Refused to Fire Hispanic Employees - CHICAGO - RJB Properties, Inc. (RJB), a janitorial company headquartered in...more

EEOC Wins Jury Verdict of More than $20 Million for Sexual Harassment and Retaliation

by U.S. Equal Employment Opportunity Commission... on 5/2/2013

Florida Travel Agency Subjected Women to Verbal and Physical Abuse and Disrespect, Manager Fired for Complaining, Federal Agency Charged - TAMPA, Fla. - A federal jury has returned a unanimous verdict awarding a total...more

Presrite Corporation to Pay $700,000 and Offer 40 Jobs to Settle EEOC Class Action Lawsuit

by U.S. Equal Employment Opportunity Commission... on 5/1/2013

Manufacturing Company Refused to Hire Females, Federal Agency Says - CLEVELAND - Presrite Corporation, a manufacturing company headquartered in Cleveland that makes gears and other industrial parts, will pay $700,000,...more

Pregnancy and Disability Discrimination the Focus of EEOC Enforcement Activity

by Robert Meyer, David L. Woodard | Poyner Spruill LLP on 4/30/2013

Since Congress’ enactment of amendments to the Americans with Disabilities Act (ADA) in 2008, making it easier to establish disability status under that law, the EEOC has directed more of its attention to claims of pregnancy...more

GEO Group to Pay $140,000 to Settle Sexual Harassment Suit Filed by EEOC and ACRD

by U.S. Equal Employment Opportunity Commission... on 4/30/2013

Women Employees Abused at Arizona Prison, Civil Rights Agencies Charged - PHOENIX - The GEO Group, Inc., a prison management company, will pay a total of $140,000 to two women and furnish other relief to settle a...more

OCR Issues New Guidance Regarding Retaliation

by Scott Warner | Franczek Radelet P.C. on 4/29/2013

For the first time, the U.S. Department of Education’s Office for Civil Rights (OCR) issued guidance this week in the form of a “Dear Colleague Letter” that specifically addresses retaliation. Like complaints filed with the...more

Hire Dynamics Sued by EEOC for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/24/2013

Federal Agency Charges Staffing Company Stopped Giving Work to Employee Because He Filed EEOC Charge - ATLANTA - Hire Dynamics, LLC, a major staffing and professional recruitment company headquartered in Duluth, Ga.,...more

Edgewater Japanese Market to Pay $250,000 to Hispanic Employees Paid less Due to National Origin

by U.S. Equal Employment Opportunity Commission... on 4/19/2013

Mitsuwa Marketplace Violated Law by Paying Hispanic Workers Less Than Others for Identical Jobs, Federal Agency Charged - NEWARK, N.J. -- Mitsuwa Corporation, which does business as Mitsuwa Marketplace, a large...more

Prisoner 24601 May Report For Duty, Says the EEOC

by Kristen Jacoby, Gary Siniscalco | Orrick - Global Employment Law Group on 4/18/2013

Can the EEOC require employers to hire convicted criminals? Last April, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a policy guideline that calls into question the extent to which employers can...more

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

by Jonathan Hershberg, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/18/2013

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

Utah Construction Company Pays $230,000 to Settle EEOC Racial Harassment and Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Court Found Holmes & Holmes' Work Environment Was Hostile to Blacks - SALT LAKE CITY - Utah construction company Holmes & Holmes Industrial, Inc. will pay three former employees $230,000 and improve its future...more

EDSI to Pay $70,000 to Settle EEOC Pregnancy & Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 4/17/2013

Company Fired Pregnant Worker & Her Husband for Reporting Discrimination - LAS VEGAS-Engineering Documentation Systems, Inc. (EDSI) agreed to pay $70,000 and to implement anti-discrimination measures to settle a ...more

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