News & Analysis as of

Title VII

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -

SCOTUS Won't Review Sexual Orientation Bias Case

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia...more

Employment Law - December 2017

EEOC Touts ‘Significant Progress’ in FY 2017 Report - Why it matters - The Equal Employment Opportunity Commission commended itself in the agency’s annual Performance and Accountability Report, highlighting “significant...more

EEOC Sues Aaron’s For Race Harassment

Managers at Warehouse Used Racist Slurs and Assigned Them the Most Difficult Work, Federal Agency Charges - NEW YORK - Aarons, Inc., a nationwide chain of rent-to-own stores, violated federal law when supervisors engaged...more

Overseas Affiliate Not Subject to Title VII Jurisdiction

Employment laws and standards of conduct greatly vary from country to country. U.S. employees working overseas for their U.S. employer generally enjoy the same legal protections as if they were working at home. ...more

Full Eleventh Circuit Declines to Revisit Meaning of Race Under Title VII

Title VII of the Civil Rights Act of 1964 prohibits race discrimination in employment, but it does not define what race means. Over the past decade, the Equal Employment Opportunity Commission has shifted its definition of...more

What now? 5 steps to take if your probe doesn’t corroborate harassment allegations

by FordHarrison on

The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its cross-hairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course,...more

Missouri Court Tackles Sex Stereotyping, Highlights Sexual Orientation and Gender Identity Issues

While nearly half of all states expressly prohibit discrimination based on sexual orientation and/or gender identity, Missouri is not one of those states. However, the Missouri Court of Appeals recently issued a decision in...more

NYS Attorney General Issues Guidance on Preventing & Correcting Sexual Harassment in the Workplace

by Genova Burns LLC on

On December 6, 2017, amidst the recent barrage of publicized sexual harassment and sexual assault allegations made against various news organizations, politicians, and Hollywood elite, New York State Attorney General Eric T....more

Supreme Court Refuses to Hear Sexual Orientation Discrimination Case

In a ruling today, the Supreme Court refused to hear a case challenging whether Title VII protects employees from sexual orientation discrimination. The case involved a woman from Georgia who alleged that she was harassed and...more

SCOTUS declines to determine whether Title VII covers sexual orientation

by McAfee & Taft on

In a bit of a surprise move, the U.S. Supreme Court today passed on an opportunity to provide some long-awaited clarity on the interplay between sexual orientation and Title VII of the Civil Rights Act of 1964. In Evans v....more

Sexual Harassment 2018: It Is Your Business

by Davis Wright Tremaine LLP on

Sexual harassment in the workplace (at least in most workplaces) has been unlawful for more than 30 years. Companies are required to post information about federal and state law (where applicable) identifying sex...more

Could Congress Ban Arbitration Of Sex Discrimination And Harassment Claims?

by Fisher Phillips on

A bipartisan group of federal legislators has turned their attention to the sweeping revelations of sexual harassment in the American workplace by introducing a bill that would prevent employers from forcing claims of sex...more

Mainstream Recognition of Sexual Harassment Prompts Bill Prohibiting Arbitration

by Murtha Cullina on

Allegations of sexual harassment and misconduct against business leaders, politicians and artists, have become a front page staple of newspapers across the country. Many are shocked by the allegations and claim to wonder how...more

Addressing Workplace Harassment in an Age of Heightened Awareness - Four Steps Employers Can Take Now

by Best Best & Krieger LLP on

The hashtag #MeToo started a long-overdue, nationwide conversation about sexual harassment. It is a source of strength for those who have suffered silently, and revelations about new high-profile harassment cases are emerging...more

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

How Well Do Your Anti-Harassment Tools Work Overseas?

by Littler on

The 2017 tsunami of high-profile sex harassment allegations against politicians, entertainers and news reporters has employers rethinking their approach to eradicating workplace harassment. And this issue is global—the news...more

Will The “Spirits” Of The Holiday Haunt You? (Not Just Your Obligatory “Holiday Party” Blog Post)

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Over the next few weeks, we’re going to weigh in on the growing national debate around the recent wave of sexual harassment allegations. To date, no one seems immune from the allegations: celebrities,...more

Bill Would Ban Arbitration In Sex Bias Cases -- Is That A Good Idea?

On Wednesday, Sens. Kirsten Gillebrand (D-NY) and Lindsey Graham (R-SC) introduced the Ending Forced Arbitration of Sexual Harassment Act. The legislation has bipartisan support, although it's not clear yet how much. ...more

The More You Know... Or Others Think You Know: Fifth Circuit Finds Decision-maker Had Knowledge to Constitute Retaliation

The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A...more

November 2017: The Top 14 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. November was no...more

Pennsylvania Federal Court Awards Damages in Sexual Orientation Harassment Case

In a first-of-its-kind decision in Pennsylvania, a federal district court awarded damages in a Title VII sexual harassment case based upon sexual orientation. In EEOC v. Scott Medical Health Center, the United States District...more

New York Court Of Appeals Establishes Standard For Punitive Damages Under NYCHRL

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals, on a question certified by the Second Circuit, announced the standard for punitive damages in claims under the New York City Human Rights Law. ...more

What Happened?!? Five Reasons Why Your Sexual Harassment Training Isn't Working

by Rumberger Kirk & Caldwell on

Each day brings news about yet another sexual harassment claim against a high-profile and powerful man. Just to name a few in the broadcasting industry: Bill O’Reilly, Charlie Rose, and now Matt Lauer. As women continue to...more

Road to Lawsuit Paved with Good Intentions

by Sherman & Howard L.L.C. on

A federal district court in Alabama recently denied summary judgment to an employer in a Title VII pregnancy discrimination claim. The employee, a pregnant nurse working at a home for intellectually disabled individuals, was...more

New York’s Highest Court Establishes Lowered Threshold for Punitive Damages Under New York City Law

In Chauca v. Abraham, No. 113 (November 20, 2017), the New York State Court of Appeals clarified the standard for awarding punitive damages under the New York City Human Rights Law (NYCHRL). Unlike Title VII of the Civil...more

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