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Title VII › Non-Discrimination Rules

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 -
Holland & Hart - Employers' Lawyers

Supreme Court Lowers Bar for Adverse Actions

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Can an employee sue under Title VII to challenge a lateral transfer, even if the transfer does not result in a loss of pay? According to a recent U.S. Supreme Court decision, the answer is: Yes....more

Snell & Wilmer

2023 End-of-Year Plan Sponsor “To Do” Lists (Part 1) Health and Welfare

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We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

Freeman Law

Department of Labor Issues Guidance on Religious Exemption Final Rule FAQs

Freeman Law on

On March 1, 2023, the Department of Labor issued its guidance on Religious Exemption Final Rule Frequently Asked Questions. The DOL’s Guidance dovetails very tightly with the Freeman Law Insights blog published on February...more

Foley & Lardner LLP

Fa-La-La Laws: Employer Liability Issues for Office Holiday Parties

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With the holiday season approaching, employers should be mindful that office holiday parties can create HR headaches. As pandemic restrictions have declined, employers are eager to host, and employees are eager to attend,...more

DirectEmployers Association

There Are Three Reasons The Coming Harvard & UNC Case Decisions Will Not Harm “Affirmative Action” Despite Now Growing Fears

DirectEmployers Association on

Last Monday, the U.S. Supreme Court heard (in an extraordinary session) almost five hours of oral argument in back-to-back cases challenging university admission policies relying in part on the race, ethnicity, and national...more

FordHarrison

What Serena Williams’ Retirement Can Teach Employers about Retaining Working Mothers

FordHarrison on

On August 9, 2022, Serena Williams, the undeniable G.O.A.T., said “Farewell to Tennis On Her Own Terms—And in Her Own Words,” in an emotionally riveting article for Vogue magazine. In the article, Serena recounts a precious...more

Holland & Hart - The Benefits Dial

Talk About Bruno . . . Health Plan Premium Surcharges & Vaccination Status

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Last week, the US Supreme Court blocked the OSHA standard requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect (more info here). With the fate of that standard likely...more

Polsinelli

OFCCP Announces Rescission of 2020 Rule Expanding the Religious Exemption Under Executive Order 11246

Polsinelli on

On November 9, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published a proposed rule rescinding its December 2020 Final Rule broadening the religious exemption from Executive Order 11246’s...more

Ballard Spahr LLP

Court Issues Injunction Against Revised ACA Nondiscrimination Rules

Ballard Spahr LLP on

The U.S. District Court for the Eastern District of New York blocked federal rules seeking to remove nondiscrimination protections for health care patients. The blocked rules would have removed protections against...more

Holland & Knight LLP

HHS Issues Final Rule on Section 1557

Holland & Knight LLP on

Under Section 1557 of the Affordable Care Act (Section 1557), "covered entities," which were defined as health programs or activities that receive "federal funding" from the U.S. Department of Health and Human Services (HHS)...more

Seyfarth Shaw LLP

HHS Issues Final Rule on Section 1557

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Under Section 1557 of the Affordable Care Act (“Section 1557”), health programs and activities that receive federal financial assistance cannot discriminate on the basis of race, color, national origin, disability, age, or...more

Fisher Phillips

Federal Court Strikes Down HHS “Conscience Rule,” Sparking Heated Rhetoric And Potential Confusion

Fisher Phillips on

A New York federal judge just struck down a rule that was about to permit the government to withhold federal funds from healthcare providers that don’t allow workers to refuse to perform procedures because they violate their...more

Troutman Pepper

Comments on Social Media about an Employee’s National Origin Could Lead to Allegations of Discrimination

Troutman Pepper on

Q: Over the summer, I saw that President Trump tweeted that four minority Democrat congresswomen should “go back” to where they came from. What Human Resources lessons can be learned from the President’s tweet?...more

Ballard Spahr LLP

What Remedy for Transgender Students if HHS Succeeds in Narrowly Redefining Gender Under Title IX?

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The U.S. Department of Health and Human Services (HHS) recently revealed the agency's proposal to narrow the legal definition of sex under Title IX, the federal civil rights law that bans discrimination based on sex in...more

Troutman Pepper

New Pa. Guidance Interprets Anti-Discrimination Law to Cover LGBT Individuals

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In a significant development for Pennsylvania employers, the Pennsylvania Human Relations Commission (PHRC) has issued new guidance announcing that it takes the position that employment discrimination based on LGBT status is...more

Snell & Wilmer

Transgender Benefits Revisited?

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In a series of tweets published on July 26, 2017, President Trump announced a ban on transgender service in the armed forces. In the wake of this reversal of government policy, employers may question the current state of...more

Fisher Phillips

Avoiding Claims of Race, Religious, or National Origin Discrimination in the Current Political Climate

Fisher Phillips on

Unless you have been living under a rock, you know that the United States has had a new president for about six months: Mr. Donald J. Trump. Many suggest (and I do not take a position on this) that President Trump was...more

McDermott Will & Emery

Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA

McDermott Will & Emery on

On December 31, 2016, the US District Court for the Northern District of Texas issued an opinion and order in Franciscan Alliance, Inc. et al v. Burwell, which preliminarily enjoins the US Department of Health and Human...more

Snell & Wilmer

2016 End of Year Plan Sponsor “To Do” List: Health & Welfare

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As 2016 comes to an end, we are pleased to present you with our traditional End of Year Plan Sponsor “To Do” Lists. Like last year, we are presenting our “To Do” Lists in three separate Employee Benefits Updates. Part 1 of...more

Holland & Knight LLP

Religious Institutions Update: October 2016

Holland & Knight LLP on

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

Snell & Wilmer

A Wellness Win for Employers, But Will it Last?

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As explained in our April 21, 2015 and May 9, 2015 blog posts, wellness programs that are part of a group health plan are subject to the HIPAA nondiscrimination rules, and other state and federal laws including, but not...more

Arnall Golden Gregory LLP

The Future of Healthcare Discrimination Litigation-Section 1557 of the ACA

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This article was originally published by American Health Lawyers Association. Copyright 2015, American Health Lawyers Association, Washington, DC. Reprint permission granted. It is no secret that the Affordable Care Act...more

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