News & Analysis as of

Disparate Treatment Employment Discrimination

Dechert LLP

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

Epstein Becker & Green

Fifth Circuit Broadens Standard for Title VII Claims Against Employers

Epstein Becker & Green on

As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more

BakerHostetler

Fifth Circuit Opens the Door to More Discrimination Claims

BakerHostetler on

The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

Littler on

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

Husch Blackwell LLP

Best Practices for Navigating Legal & Political Guardrails Impacting Employer DEIA Efforts

Husch Blackwell LLP on

Many companies have invested in and prioritized diversity, equity, inclusion, and accessibility (DEIA) initiatives over the past several years. And for good reason: DEIA initiatives have been proven to improve employee...more

Mitratech Holdings, Inc

[Webinar] How to Spot Hidden Discrimination in Recruiting - May 4th, 9:00 am PT

Most employers strive for a recruitment process that is free of discrimination, both for legal purposes and because it’s the right thing to do. But confirming your process provides equal employment opportunity isn’t always...more

DCI Consulting

[Webinar] Expert Summit for Employment Attorneys: Utilizing Regression Analyses in Pay and Hiring Matters - February 7th, 2:00 pm...

DCI Consulting on

Regression is a statistical technique that can be utilized in the analysis of employment outcomes. In particular, regression has become a widely applied tool to examine pay equity and can be used to evaluate race and gender...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases

On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management. In Dunlevy v. Langfelder, the Seventh Circuit upheld the appeal...more

Bradley Arant Boult Cummings LLP

Blessed Are the Caregivers: Equal Employment Opportunity commission guidance on disparate treatment of employees caring for family...

The EEOC first issued enforcement guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities in May 2007. Given that the EEOC issued some new guidance regarding pandemic-related caregiver...more

Proskauer - Government Contractor Compliance...

OFCCP New Rule On Procedures for Resolving Alleged Findings of Discrimination Goes Into Effect December 10, 2020

Quick Hit: OFCCP has published its final rule codifying the process by which it determines and notifies contractors of findings of discrimination. The rule, which goes into effect on December 10, 2020, adds significant...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

Bricker Graydon LLP

NLRB rules employer can remove labor organizers from its parking lot

Bricker Graydon LLP on

The National Labor Relations Board (NLRB) recently issued another decision benefitting employers by holding that an employer does not violate the National Labor Relations Act (NLRA) when it removes from the employer’s parking...more

Polsinelli

OFCCP Issues Technical Assistance Guide for Educational Institutions and Trains its Sights on the Tenure Selection Process

Polsinelli on

Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019.  The guide follows a flurry of OFCCP...more

Saul Ewing LLP

DC Circuit Clarifies Employer’s Burden to Demonstrate A “Legitimate, Nondiscriminatory Reason" For Taking an Adverse Employment...

Saul Ewing LLP on

WHAT HAPPENED: Earlier this month the U.S. Court of Appeals for the DC Circuit released an important decision that articulates the substantive burden an employer faces to defend against an allegation of disparate treatment...more

Littler

Dear Littler: Will Recent Equal Pay Legislation Affect Our Annual Comp Reviews?

Littler on

Dear Littler: My employer is preparing for our annual review of staff compensation. My boss heard there have been a lot of changes in the law about equal pay that might affect our evaluations. He’s asked me to look into what...more

Seyfarth Shaw LLP

Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more

Seyfarth Shaw LLP

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

Zelle  LLP

Recognizing and Managing Disparate Impact Issues

Zelle LLP on

The law recognizes two forms of unlawful discrimination. The most familiar is disparate treatment, in which an employee’s protected class status is a motivating factor in an adverse employment action. A less familiar, and...more

Holland & Knight LLP

Religious Institutions: June 2015

Holland & Knight LLP on

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

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