News & Analysis as of September 21, 2024

Title VII › Hostile Environment › Discrimination

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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 -

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

Bradley Arant Boult Cummings LLP on 5/9/2024

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Third Circuit: Knowledge Requirement Not To Be Overlooked in Proving Retaliation

Marshall Dennehey on 10/16/2023

Watkins v. Pennsylvania Dep't of Corr., No. 22-1426, 2023 WL 5925896 (3d Cir. Sept. 12, 2023) - A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in...more

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

Mintz - Employment Viewpoints on 9/20/2023

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

Not Perfect Harmony: Blasting Music with Derogatory Terms May Create a Hostile Workplace

Miller Nash LLP on 6/26/2023

Employers who allow music in the workplace should pay attention to lyrics and content. The Ninth Circuit Court of Appeals recently held that music with sexually derogatory and violent content played in the workplace can...more

Alden Short and Hinson Jennings to Pay $85,000 to Settle EEOC National Origin Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 4/10/2023

Property Management Company Settles Federal Charges of Harassing Three Hispanic Employees - DALLAS – Alden Short and Hinson Jennings, a Dallas-based property management company, will pay $85,000 and furnish other relief to...more

Supreme Leak: Religion at Work

Verrill on 5/11/2022

Over the last year, our society has navigated COVID-19 and rules concerning vaccination and masking. As a society and on this blog, we have discussed regularly the role religious freedoms play in the work environment—under...more

Sixth Circuit Decision Provides Guidance on Properly Managing Workplace Harassment and Discrimination Complaints

Bodman on 3/11/2022

A recent Sixth Circuit reported decision provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act....more

MPW Industrial Services to Pay $170,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 10/26/2018

Two Employees Racially Harassed at Work, Federal Agency Charged - LOUISVILLE, Ky. -- MPW Industrial Services, Inc., a Hebron, Ohio industrial cleaning company, will pay $170,0000 to settle a race discrimination lawsuit...more

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on 10/10/2018

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

EEOC Sues Riddle Painting and Coatings For Racial and Sexual Harassment

U.S. Equal Employment Opportunity Commission... on 9/26/2018

Employer Tolerated Repeated Verbal and Physical Racial and Sexual Harassment, Federal Agency Charges - PHOENIX - Riddle Painting and Coatings, an Arizona industrial and commercial painting company, violated federal law...more

Big 5 To Pay $165,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 9/19/2018

Sporting Goods Retailer Subjected Management Trainee to Racial Slurs and Death Threats, Federal Agency Charged - SEATTLE - Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a...more

Teamsters Local Union No. 455 Pays $153,000 To Resolve EEOC Discrimination Class Finding

U.S. Equal Employment Opportunity Commission... on 9/14/2018

DENVER - Teamsters Local Union No. 455, which has locations in Denver and Fort Morgan, Colo., has agreed to pay $153,000 to resolve discrimination complaints investigated by the Denver Field Office of the U.S. Equal...more

EEOC Sues on The Border Mexican Grill & Cantina for Race Harassment Against African-American Cook

U.S. Equal Employment Opportunity Commission... on 9/13/2018

Workers at Holtsville Restaurant Used Abusive Language Toward Black Chef, and Restaurant Failed to Stop Harassment, Federal Agency Says - NEW YORK - A popular Tex-Mex restaurant violated federal law when it engaged in...more

EEOC Sues Metairie Dry Cleaner for Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/10/2018

Marion's Cleaners Fired Hispanic Employee for Opposing Verbal and Physical Abuse Based on Her Race and National Origin, Agency Says - NEW ORLEANS - New Orleans-based Mariam Enterprises, doing business as Marion's Cleaners...more

EEOC Sues Murex Petroleum Corp. For Race Discrimination

U.S. Equal Employment Opportunity Commission... on 8/9/2018

Texas-Based Oil and Gas Company Subjected Employee to Racial Abuse, Federal Agency Charged - MINNEAPOLIS - A Texas-based oil and gas company, operating in Tioga, N.D., violated civil rights law by subjecting an...more

EEOC Sues Master Marine for Same-Sex Harrassment & Race Discrimination

U.S. Equal Employment Opportunity Commission... on 6/15/2018

Shipyard Supervisor Subjected Asian-American Welder to Sexual and Racial Harassment and Used Racial Slurs Against Several Black Workers, Federal Agency Charges - BIRMINGHAM, Ala. - Master Marine, Inc., a Gulf Coast...more

EEOC Sues Albertsons for Harassment of Hispanic Employees

U.S. Equal Employment Opportunity Commission... on 5/4/2018

SAN DIEGO - Albertsons, Inc., a national retail grocery chain, violated federal law when a class of Hispanic employees in San Diego were subjected to harassment and a hostile work environment through the implementation of a...more

“Why Matters” – In Texas, Proving Same-Sex Harassment “More Complicated” than Proving Opposite-Sex Harassment

Bracewell LLP on 4/11/2018

On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more

Aqua Resources to Pay $150,000 to Settle EEOC Racial Harassment and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 2/2/2018

Water Company Fired Foreman Because He Complained about Racial Slurs, Federal Agency Charged - PHILADELPHIA - Aqua Resources Inc., a Delaware-based water and wastewater service company, will pay $150,000 and provide...more

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

Dorsey & Whitney LLP on 12/15/2017

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

Think before you joke, so you do not litigate funny

FordHarrison on 10/17/2017

Studies show that laughing boosts immunity, eases anxiety and stress, improves mood, decreases pain, and can even prevent heart disease. Socially, laughing strengthens relationships. In addition to the value of humor in our...more

EEOC Sues Maritime Autowash for Race And national Origin Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 8/29/2017

Car Wash Subjected Hispanic Workers to 'Separate and Unequal' Wages and Working Conditions, Federal Agency Charges - BALTIMORE - Maritime Autowash, Inc. violated federal law when it subjected a class of workers to a...more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 6/26/2017

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Bradley Arant Boult Cummings LLP on 5/4/2017

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

EEOC Issues Enforcement Guidance on National Origin Discrimination

Littler on 11/30/2016

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). The EEOC...more

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