News & Analysis as of

Title VII › Offensive Language

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 -
Proskauer - Minding Your Business

Are Eminem and Too $hort Too Offensive for the Workplace?

Proskauer - Minding Your Business on

There is a time and place for everything, or so they say. Eminem and Too $hort are both somewhat polarizing artists. From songs such as Eminem’s “Cleaning Out My Closet” to Too $hort’s infamous “Blow The Whistle”, some of...more

Parker Poe Adams & Bernstein LLP

Third Circuit Revives Harassment Claim Involving Harassment by Psychiatric Center Patient

Parker Poe Adams & Bernstein LLP on

When defining what conduct constitutes a hostile and offensive working environment under Title VII, the U.S. Supreme Court directs lower courts to look at the context of the behavior in the specific workplace at issue....more

Parker Poe Adams & Bernstein LLP

National Labor Relations Board Reopens Rules Related to Union Activity

Parker Poe Adams & Bernstein LLP on

The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting...more

Zuckerman Spaeder LLP

Is It Workplace Harassment to Tell an Employee to Go Back Where She Came From?

Zuckerman Spaeder LLP on

Last week, President Trump made headlines when he tweeted that “‘progressive’ Democrat Congresswomen … originally came from countries” that were “totally broken and crime infested,” and that they should “go back” to the...more

Parker Poe Adams & Bernstein LLP

Calling African-American 'Boy' and 'You People' Creates Hostile Work Environment

Parker Poe Adams & Bernstein LLP on

In a recent string of decisions, federal courts have concluded that use of racial epithets even on one occasion is sufficient to constitute a hostile work environment under Title VII. Thus, use of the N-word and other...more

FordHarrison

Fourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet

FordHarrison on

Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more

McGuireWoods LLP

The “Protected Activity” Prong of a Prima Facie Retaliation Claim

McGuireWoods LLP on

Courts increasingly scrutinize the “protected activity” prong of a plaintiff’s prima facie retaliation claim under Title VII of the Civil Rights Act of 1964 and other, similar anti-discrimination laws. ...more

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