News & Analysis as of

Hiring & Firing Title VII

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

Mitigating Employment Litigation Landmines With Workplace Diversity and Inclusion Efforts

Meaningful diversity and inclusion efforts in the workplace have evolved from being the right thing to do to being the smart thing to do—and now they are quickly moving toward being the essential thing companies must do to...more

Fourth Circuit Finds Employer Not Liable for Terminating Employee Believed to Have Made False Report of Harassment

by Poyner Spruill LLP on

Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of...more

October 2017: The Top 11 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. October was no...more

There’s no debate: freedom of speech presents challenging legal issues for workers and employers in the age of social media

by Womble Bond Dickinson on

John Pueschel, partner in the Winston-Salem office of Womble Bond Dickinson, examines the limits on employee free speech and use of social media against the background of recent events at Google and in Charlottesville....more

Proposed PHRC Guidance Would Protect LGBTQ Employees In Pennsylvania

by Fox Rothschild LLP on

The Pennsylvania Human Relations Commission (“PHRC”), which enforces Pennsylvania’s state law prohibiting discrimination, has made a bit of splash in 2017. How, you ask? Well – that requires a bit of explanation. One of...more

Peninsula Packaging Voluntarily Settles EEOC Pregnancy Discrimination Charge for $45,000

Company Placed Pregnant Employee on Involuntary Leave, Federal Agency Charges - FRESNO, Calif. - Exeter, Calif.-based Peninsula Packaging will pay $45,000 and provide other relief to settle a charge of pregnancy...more

Kaiser Aluminum Settles EEOC Disability Discrimination Lawsuit

Agreement Provides $175,000 and Job Offer for Construction Worker - SPOKANE, Wash. - Kaiser Aluminum Corporation, the leading producer of fabricated aluminum products in the United States, will pay $175,000 and reinstate...more

Local 100, United Labor Unions to Pay $30,000 to Settle EEOC Race Discrimination Lawsuit

Union Fired Two Black Organizers Due to Race, Federal Agency Charged - HOUSTON - Local 100 of the United Labor Unions, a multi-state service workers' union, has agreed to pay $30,000 in lost wages and damages to settle a...more

The Higher They Are, The Harder You Fall

by Littler on

You don’t need to be a cable news network, a Hollywood production company, a media mogul or a politician in order to feel the ripple effect from the recent wave of workplace sexual harassment claims. While such harassment...more

Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight

by Cozen O'Connor on

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment...more

U.S. Department of Justice Rescinds Policy Protecting Transgender Employees

by Franczek Radelet P.C. on

On October 4, 2017, the United States Department of Justice, through Attorney General Jeff Sessions, issued a memorandum rescinding an Obama-era policy protecting transgender employees from employment discrimination pursuant...more

Clougherty Packing Settles EEOC Sexual Harassment Suit for $100,000

Meat Packing Company Subjected Female Employees to Unwanted Touching and Comments, Federal Agency Charges - LOS ANGELES - Clougherty Packing, LLC, dba Farmer John, a Los Angeles-based meat processing company, will pay...more

Dash Dream Plant to Pay $110,000 to Settle EEOC Pregnancy Lawsuit

Don't Get Pregnant or You're Fired, Orchid Grower Told Employees, Federal Agency Charged - FRESNO, Calif. - A Merced County orchid grower will pay $110,000 and provide other relief to settle a pregnancy discrimination...more

Ongoing Debate Over Scope Of Workplace Bias Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On October 5, 2017, U.S. Attorney General Jeff Sessions issued an agency memorandum stating that the language contained in Title VII of the Civil Rights Act of 1964, “does not prohibit discrimination based...more

DOJ Reverses Course—Title VII Does Not Cover Gender Identity

by Blank Rome LLP on

On October 5, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s (“DOJ”) stance that gender identity is protected as part of the prohibition against “sex” discrimination in Title VII of the Civil Rights...more

The Ongoing Battle Between LGBTQ+ Rights And Claims Of Religious Liberty

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Department of Justice has reversed the previous Administration’s position on employment protections for transgender individuals, and issued a memorandum that will likely be relied on by private...more

Employers Need Not Hire “Most Qualified” Candidate, Says Court

by Shipman & Goodwin LLP on

An applicant for a job posting in education lists his most recent relevant experience as occurring in 1973. You don’t bring him in for an interview. Is it gender discrimination?...more

Gender Identity Discrimination – Prohibited or Not?

by Akerman LLP - HR Defense on

Still confused as to where the Trump administration stands on whether Title VII prohibits discrimination based on gender identity? Attorney General Jeff Sessions’ recent announcement should clarify that for you. So what’s an...more

Is Gender Identity a Protected Class?

by LeClairRyan on

The Obama era Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) would have said, “YES.” Recently, the Trump Administration’s DOJ answered that question with a “NO,” reversing the federal...more

Attorney General Reverses DOJ Policy On Protection Of Transgender Employees Under Title VII

by Bowditch & Dewey on

On October 4, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys announcing a new Department of Justice policy that Title VII of the Civil Rights Act of 1964 does not protect employees from...more

First Tower Loan Settles EEOC Sex Discrimination Suit

Financial Loan Company Terminated Employee Because of His Transgender Status, Federal Agency Charged - NEW ORLEANS - First Tower Loan, LLC, a financial loan company based in Flowood, Miss., agreed to settle a sex...more

What Does Attorney General’s Memo on Transgender Rights Mean for Employers?

LGBTQ workplace rights is perhaps the most rapidly evolving area in employment law. On October 4, 2017, United States Attorney General Jeff Sessions formally weighed in on the topic. He issued a memorandum to all federal...more

I-16 – Kneeling, Indefinite Leave, DC Updates, Non-Compete Consideration, and Pretty as a Protected Class

by Cozen O'Connor on

This episode discusses kneeling in the NFL/workplace, indefinite leave entitlement, and sufficient consideration for non-competes, provides an update from DC on OT exemptions and class action waivers, and questions whether...more

EEOC Sues for Transgender Discrimination

by Ruder Ware on

Recent action by the Equal Employment Opportunity Commission has raised the specter of whether transgender persons are considered protected under the federal discrimination laws. The EEOC has sued a company in Denver that...more

Attorney General Nixes Title VII Gender I.D. Protection

by Sherman & Howard L.L.C. on

Attorney General Jeff Sessions informed U.S. Attorneys and federal agencies on Wednesday that Title VII does not protect gender identity as a status. Noting that the position was a “conclusion of law, not policy,” Sessions...more

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