A Judicial Perspective on Using Technology at Oral Argument | Judge John Owens | Texas Appellate Law Podcast
After the U.S. Supreme Court held that Harvard University engaged in unlawful racial discrimination against Asian Americans in its efforts to achieve student body diversity, businesses have rightly sought legal guidance on...more
A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more
Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more
On August 18, 2023, in Hamilton v. Dallas County, the US Court of Appeals for the Fifth Circuit, sitting en banc, expanded the circumstances under which an employer can be held liable for disparate treatment under Title VII...more
For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more
On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more
The Fifth Circuit no longer limits Title VII claims to “ultimate employment decisions” per the en banc decision in Hamilton v. Dallas County. In Hamilton, a group of female officers alleged that the Dallas County...more
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. While the Equal Employment Opportunity Commission (“EEOC”) determined that discrimination...more
Last month, the en banc Eleventh Circuit clarified the appropriate standard for analyzing “similarly situated” comparator evidence in Title VII intentional-discrimination cases. Lewis v. City of Union City, Ga., --- F.3d...more
Enacted in 1963, the Equal Pay Act prohibits differential payments between male and female employees doing equal work except when made pursuant to a seniority system, a merit system, a system which measures earnings by...more
On February 26, 2018, the Federal appellate court covering New York State ruled that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation. The case is Zarda v....more
As we discussed in our May 22, 2017 blog post, the Second Circuit agreed to hold an en banc hearing to determine whether an estate for a gay man, who alleged he was terminated as a result of a customer complaint related to...more
In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under...more
Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more
On July 6, the full Eleventh Circuit Court of Appeals declined to hear the appeal of a case dismissing a sexual orientation bias claim under Title VII for lack of jurisdiction. This decision creates a split among the federal...more
The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on...more
As we reported a few months ago in a previous article, “7th Circuit Rehears Hively Case”, the Seventh Circuit Court of Appeals agreed to rehear the case of Hively v. Ivy Tech Community College, on the issue of whether Title...more
We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s...more
On April 5, 2017, the Seventh Circuit Court of Appeals (sitting en banc) became the first appeals court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more
As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more
On April 4, 2017, the Seventh Circuit Court of Appeals became the first federal appeals court in the United States to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana, and Wisconsin), sitting en banc, handed down what is being called a monumental decision in the development of legal...more
Federal law protects applicants and employees from negative treatment in connection with their employment, where that negative treatment is based on a protected characteristic. Traditionally, courts have interpreted the...more
On April 4, 2017, the Seventh Circuit issued a decision with employment law implications. In an en banc decision, Hively v. Ivy Tech Community College, the court held that the protections of Title VII of the Civil Rights Act...more
Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against an employee because of her race, color, religion, sex or national origin. Until this month, no federal court of appeals had...more