News & Analysis as of

Retaliation Title VII Civil Rights Act

Perkins Coie

Employers See Wins in Title VII Suits Over DEI Trainings

Perkins Coie on

Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Cozen O'Connor

How the EEOC/DOJ Is Defining and Investigating DEI Initiatives and What Employers Should Do

Cozen O'Connor on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued informal guidance called, “What To Do if You Experience Discrimination Related to DEI at Work.” While...more

Patterson Belknap Webb & Tyler LLP

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,...more

Brooks Pierce

DOJ and EEOC Issue Statements on Administration’s Interpretation of "Illegal DEI"

Brooks Pierce on

On March 19, 2025, the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents that illuminate how these federal agencies will define "illegal...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

Holland & Hart - Employers' Lawyers

DEI and Discrimination: What Employers Should Know

Warning of unlawful DEI-related discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) issued guidance this week outlining when a DEI initiative, policy,...more

DCI Consulting

EEOC and DOJ Release Technical Guidance on “Illegal” DEI

DCI Consulting on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Justice Department issued a press release and two technical assistance documents focused on educating employers, employees, and the public about the...more

ArentFox Schiff

EEOC and DOJ Issue Guidance on DEI-Related Discrimination

ArentFox Schiff on

On March 19, the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to...more

Morgan Lewis

EEOC and DOJ Issue Guidance on Discrimination Related to DEI under Title VII

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) issued two guidance documents on March 19, 2025 detailing their views on discrimination related to diversity, equity, and inclusion...more

Constangy, Brooks, Smith & Prophete, LLP

7 tips for employers about DEI programs

From the feds. This week, the U.S. Equal Employment Opportunity Commission and the Department of Justice issued technical assistance materials on diversity, equity, and inclusion initiatives, including one document titled...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Taco Bell Franchisees for Sexual Harassment and Retaliation

Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more

CDF Labor Law LLP

Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

CDF Labor Law LLP on

In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

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

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

U.S. Equal Employment Opportunity Commission...

Wyoming Trucking Company to Pay $124,000 in EEOC Sexual Harassment Lawsuit

Resolves Federal Agency’s Charge of Sexual Harassment by Owner - CASPER, Wyo. – Waller’s Trucking Company, Inc., a family-owned Wyoming trucking company, will pay $124,000 and provide other relief to settle a sexual...more

U.S. Equal Employment Opportunity Commission...

Prosero Management and Prestigious Placement to Pay $215,000 in EEOC Harassment and Retaliation Suit

Staffing Agency and Management Group Settle Federal Charges They Subjected Female Employees to Hostile Environment at Memphis Warehouse - MEMPHIS, Tenn. – Prestigious Placement, Inc., and Prosero, Inc., will pay $215,000...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pizza Hut for Sex-Based Harassment and Retaliation

Federal Agency Charges Franchisee Fired Female Employee After Reporting Harassment - HOUSTON – Ayvaz Pizza, LLC, doing business as Pizza Hut, which operates more than 350 Pizza Hut restaurants in ten states and multiple...more

U.S. Equal Employment Opportunity Commission...

Enforge, LLC to Pay $35,000 in EEOC Sexual Harassment and Retaliation Suit

Settles Federal Suit Charging Auto Parts Company Subjected Employee to Sexual Harassment and Fired Her After She Complained - WINSTON-SALEM, N.C. – Enforge, LLC, a Michigan-based automotive parts company conducting...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

U.S. Equal Employment Opportunity Commission...

Cinergy Entertainment Group to Pay $137,000 in EEOC Retaliation Suit

Theater Operator Settles Federal Lawsuit Alleging Company Failed to Rehire Former Employee Because She Previously Filed a Discrimination Charge - CHARLOTTE, N.C. – Cinergy Entertainment Group, Inc., a Texas corporation...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Culver’s for Discriminating Against Transgender Employee and Retaliating Against Him and His Co-Workers

Federal Agency Charges Fast Food Companies Subjected Transgender Manager to Misgendering and Deadnaming and Fired Him and Co-Workers for Complaining - CLARKSTON, Mich. – Five related entities operating Culver’s restaurants...more

Epstein Becker & Green

Courts Stay Consistent on Title VII’s Participation Clause, but the EEOC Has a Different Take

Epstein Becker & Green on

On October 3, 2024, the United States District Court for the District of Columbia’s Opinion and Order in Mark C. Savignac and Julia Sheketoff v. Jones Day, et al., 19-cv-02443-RDM, addressed Title VII’s “participation...more

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