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
2/15/2022
/ Attorney's Fees ,
Damages ,
Discrimination ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Punitive Damages ,
Retaliation ,
Sexual Harassment ,
Summary Judgment ,
Title VII
Like Title VII to the Civil Rights Act of 1964, the Tennessee Human Rights Act (“THRA”) forbids workplace harassment and other forms of discrimination on the basis of sex. Recently, the Tennessee Court of Appeals considered...more
Pregnancy discrimination has been in the news quite a bit lately. Recently, Walmart agreed to pay $14 million as part of a settlement in response to accusations that it systematically discriminated against pregnant employees...more
11/26/2019
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Family and Medical Leave Act (FMLA) ,
Medical Leave ,
Pending Legislation ,
Pregnancy ,
Pregnancy Discrimination ,
Pregnant Workers Fairness Act ,
Reasonable Accommodation ,
Title VII
Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more
11/8/2019
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Evidence ,
Hiring & Firing ,
Human Resources Professionals ,
Human Rights Act ,
Jury Trial ,
Motion for Summary Judgment ,
Paid Leave ,
Retaliation ,
Sexual Harassment ,
Title VII
President Donald Trump’s recent Tweet suggesting that four Democratic congresswomen should “go back and help fix the totally broken and crime infested places from which they came” has sparked robust debate across the country....more
Back in April 2017, the federal 7th Circuit Court of Appeals (governing Illinois, Indiana, and Wisconsin) made big news when it determined that Title VII of the Civil Rights Act of 1964 prevents employers from discriminating...more
3/23/2018
/ Civil Rights Act ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Freedom of Religion ,
Gender Discrimination ,
Gender Identity ,
Gender Neutral ,
Hiring & Firing ,
LGBTQ ,
Religious Freedom Restoration Act (RFRA) ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Originally published in the American Bar Association's Labor and Employment Law, Volume 41, Number 1, Fall 2012.
Against the backdrop of decades of significant legislation and court battles impacting the workplace,...more