Discrimination, Title VII, Employment Policies

Workplace Harmony in 2024: Navigating the EEOC’s Latest Harassment Guidelines

Bradley Arant Boult Cummings LLP on 6/11/2024

The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more

Muldrow Sets a New Standard for Workplace Discrimination

Perkins Coie on 4/24/2024

On April 17, 2024, in Muldrow v. City of St. Louis, the Supreme Court of the United States held that an employer may violate Title VII’s anti-discrimination provisions when it transfers an employee even if the transfer did...more

Muldrow v. City of St. Louis: The Supreme Court Opens the Door for Discriminatory Job Transfer Claims

Butler Snow LLP on 4/23/2024

On Wednesday, April 17, 2024, the United States Supreme Court provided an opening for workers to allege employment discrimination claims regarding job transfers based on sex, race, religion, or national origin. In Muldrow v....more

Menopause in the Workplace: A Multi-Faceted Issue

Faegre Drinker Biddle & Reath LLP on 12/14/2023

Menopause is something that approximately 50 percent of the workforce will experience during their working lives, but it is still infrequently discussed or considered in the workplace and many of us are unaware of how...more

DEI Under Scrutiny, Part I: Increased Challenges to DEI Programming Give Employers a Reason to Perform Risk Assessments

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/1/2023

This article is the first part of Ogletree Deakins’ series, “DEI Under Scrutiny,” which examines the evolving employment law landscape for diversity, equity, and inclusion (DEI) initiatives in the United States....more

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

Arnall Golden Gregory LLP on 10/31/2023

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released its proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”). The Proposed Guidance “is...more

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

Mintz - Employment Viewpoints on 9/20/2023

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

Weekends Revisited? Fifth Circuit Re-examines Gender-Specific Scheduling Decision

Bradley Arant Boult Cummings LLP on 4/4/2023

Can you have an employment policy that is clearly based on gender? What if it doesn’t affect an “ultimate employment decision,” such as hiring, firing, promoting, granting leave or compensation? Last year, we told you about a...more

Heads Up, Not Down — Tennessee Employees Now Get To Wear Their CROWN: What Employers Should Know About Tennessee’s CROWN Act

Bradley Arant Boult Cummings LLP on 11/30/2022

Workplace hair discrimination is a topic that has floated through the media for the past several years. To prohibit discrimination, California has implemented the “Creating a Respectful and Open World for Natural Hair (CROWN)...more

The “S” in ESG: Tying Compensation To DEI Goals

Jackson Lewis P.C. on 9/21/2022

As companies plan and strategize about next steps regarding the “S” of ESG, i.e., Social initiatives, we are often asked about best practices in promoting Diversity, Equity, and Inclusion (DEI) goals in the workplace....more

Post-Dobbs Employment Considerations

Benesch on 8/17/2022

In Dobbs v. Jackson Women’s Health Organization the United States Supreme Court overturned years of precedent started by Roe v. Wade and conferred the right to regulate abortions to individual states. This marked change has...more

Supreme Leak: Religion at Work

Verrill on 5/11/2022

Over the last year, our society has navigated COVID-19 and rules concerning vaccination and masking. As a society and on this blog, we have discussed regularly the role religious freedoms play in the work environment—under...more

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

Bradley Arant Boult Cummings LLP on 9/9/2021

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

The Uncertain Landscape of Discrimination & Harassment Laws: Expanding the Definition of “Protected Class”

Seyfarth Shaw LLP on 6/5/2019

Seyfarth Synopsis: Laws protecting individuals from discrimination and harassment in the workplace are expanding rapidly at the state and local levels, while the federal landscape remains unclear regarding LGBTQ rights. ...more

#MeToo One Year Later: An Update for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/7/2018

Join Milwaukee attorneys Sarah Platt and Christine Bestor Townsend as they discuss how things have changed for employers in the era of #MeToo....more

Dear Littler: Do We Have to Accommodate A Religious Objection to the Flu Shot?

Littler on 9/21/2018

Dear Littler: I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is...more

Revamping Your Anti-Harassment Programs

Bradley Arant Boult Cummings LLP on 9/10/2018

In the wake of the #MeToo movement, I have clients wanting to know what they can do both to improve their workplace and protect themselves. They all have good policies and regularly train supervisors and employees on them. So...more

Employee Grooming Policies and the Limits of Title VII

Polsinelli on 5/18/2018

Employers may regulate the length, style, and neatness of employees’ hair in the workplace through so-called grooming policies, unless the hair style is a matter of sincere religious observance posing no more than a minimal...more

EEOC Sues Albertsons for Harassment of Hispanic Employees

U.S. Equal Employment Opportunity Commission... on 5/4/2018

SAN DIEGO - Albertsons, Inc., a national retail grocery chain, violated federal law when a class of Hispanic employees in San Diego were subjected to harassment and a hostile work environment through the implementation of a...more

Dear Littler: Will These Recruiting Ideas Help Me Meet Our Diversity Goals?

Littler on 5/2/2018

Our boss is really pushing for us to increase our number of diverse employees. I see his point—we are a predominantly white and male workforce, though we have more than 150 workers. My managers had a meeting to set some...more

Five Tips For Handling Tricky Religious Accommodations

Holland & Hart - Employers' Lawyers on 3/30/2018

When an employee’s religious beliefs conflict with a workplace policy, you need to consider whether a reasonable accommodation can be made, without creating an undue hardship. Many times, these religious accommodations...more

“Inclusion Riders” On The Storm

Proskauer - California Employment Law on 3/7/2018

Last night, Oscar-winner Frances McDormand ended her acceptance speech with a reference to two words – “Inclusion Rider” – that sent many Oscar viewers scrambling to Google her cryptic message. But the term, and its legal...more

’Tis the Season to Be Mindful of Religious Accommodation Obligations

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/19/2017

So it begins—the annual holiday marathon. But which holidays come to mind? Thanksgiving, Christmas, Hanukkah, Kwanza, Festivus? A version of this article first appeared on Law360....more

Client Alert: Eleventh Circuit Declines to Reconsider Sexual Orientation Discrimination Decision; Plaintiff Will Appeal to U.S....

Shumaker, Loop & Kendrick, LLP on 7/25/2017

In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et....more

Sorry, J-Lo and CeeLo: Real world requires carefully crafted employment dress codes

FordHarrison on 2/15/2017

The Grammys aired on Sunday, February 12, 2017. Every year, audiences tune in to the glamorous awards show to watch the presentation of such celebrated accolades as “Song of the Year” and to take in the live performances of...more

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