News & Analysis as of September 18, 2024

Title VII › Wrongful Termination › Sex 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 -

Fifth Circuit Affirms Dismissal of ADEA Claim Lacking Evidence of Age-Bias

Proskauer - Law and the Workplace on 4/5/2022

On March 11, 2022, the United States Court of Appeals for the Fifth Circuit affirmed summary judgment, dismissing a Texas city employee’s claim that he had been unlawfully terminated from his job because of his age. The Fifth...more

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on 1/12/2021

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY: Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

Seyfarth Shaw LLP on 1/23/2020

Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

Back In the Saddle and Ready To Ride: Will SCOTUS Buck Social Trends in the LGBT Rights Rodeo?

Obermayer Rebmann Maxwell & Hippel LLP on 10/11/2019

October 7, 2019 marked the beginning of a new U.S. Supreme Court term. One significant employment law matter the Court is expected to rule on has to do with lesbian, gay, bisexual and transgender (“LGBT”) rights. In a trio of...more

Federal Court Rulings Growing in Favor of LGBT+ Employees

Skadden, Arps, Slate, Meagher & Flom LLP on 4/26/2018

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

Sixth Circuit rules Title VII outweighs religious defense in case of transgender employee

McAfee & Taft on 3/14/2018

While the debate is still not settled as to whether Title VII’s prohibition on sex discrimination applies to LGBTQ workers, at least one more federal appeals court has officially weighed in on the subject. On March 7, 2018,...more

Sixth Circuit Holds Discrimination Based on Transgender Status is Prohibited Under Title VII

Proskauer - Law and the Workplace on 3/13/2018

In a unanimous decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., a three-judge Sixth Circuit panel has held that discrimination on the basis of transgender status is “necessarily” discrimination on the basis of sex...more

With yet another court ruling sexual orientation discrimination unlawful, Supreme Court expected to weigh in

McAfee & Taft on 2/28/2018

Courts have disagreed on whether an employer discriminating against an employee based upon their sexual orientation violates federal anti-discrimination laws. Yesterday’s ruling by a New York federal appeals court means this...more

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

Proskauer - Law and the Workplace on 2/27/2018

In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under...more

Nestlé Waters North America To Pay $300,000 To Settle Sex Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 3/14/2017

Water Company Denied Position to Veteran Manager Because of Her Gender, Then Eliminated Her Job Due to 'Consolidation,' Federal Agency Charges - TAMPA, Fla. -- Nestlé Waters North America, a Stamford, Conn.-based...more

Despite New Administration, EEOC Maintains Position that Title VII Prohibits Gender Identity Discrimination

Seyfarth Shaw LLP on 3/9/2017

Seyfarth Synopsis: To the surprise of many, the EEOC is not retreating from the argument first made by the Obama administration that Title VII forbids employment discrimination based on gender identity. In EEOC v. R.G....more

Court Affirms Incorporating Federal Labor Laws Into Tribal Code Does Not Waive a Tribe's Sovereign Immunity

Stinson LLP on 2/23/2017

On February 21, 2017, a federal court in Wisconsin reaffirmed a tribe's sovereign immunity with respect to Title VII claims of wrongful termination. See Bruguier v. Du Flambeau, 16-cv-604-jdp, (W. Dist Wisc. February 21,...more

Mexicali Chicken & Salads Ordered To Pay $27,700 to Resolve Sexual Harassment Lawsuit Filed By EEOC

U.S. Equal Employment Opportunity Commission... on 1/3/2017

Young Female Employee Sexually Harassed by Restaurant Manager and Terminated After She Complained, Federal Agency Charged - SAN DIEGO - A federal judge has ordered Mexicali Chicken & Salads, an El Centro, Calif.-based...more

Seventh Circuit Could Up-End Approach to Sexual Orientation Discrimination

Foley & Lardner LLP on 12/7/2016

On November 30, 2016, all of the judges of the Seventh Circuit Court of Appeals (covering Illinois, Indiana, and Wisconsin) reheard a case that could change the way federal courts treat sexual orientation-based discrimination...more

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Shaw LLP on 12/6/2016

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

EEOC Sues Rent-A-Center for Sex Discrimination Against Transgender Employee

U.S. Equal Employment Opportunity Commission... on 7/20/2016

Assistant Manager of Rantoul Store Was Fired Because of Her Gender Identity, Federal Agency Charges - URBANA, Ill. - Rent-A-Center violated federal civil rights law by discharging an employee from its Rantoul, Ill.,...more

7th Cir. Won’t Let EEOC Skip Pre-Suit Conciliation

Faegre Drinker Biddle & Reath LLP on 12/21/2015

When CVS fired store manager Tonia Ramos in 2011, it offered her its standard severance agreement that included a broad release of waivable claims, including claims under Title VII, but explicitly preserving the right to...more

EEOC Sues Nestlé Waters North America for Sex Discrimination

U.S. Equal Employment Opportunity Commission... on 9/22/2015

Female Employee Denied Promotion and Terminated Because of Her Gender, Federal Agency Charged - TAMPA, Fla. - Nestlé Waters North America (NWNA), a Stamford, Conn.-based division of Nestlé Waters, the world's largest...more

Court Allows EEOC to Join Transgender / Sex Discrimination Lawsuit against First Tower Loan

U.S. Equal Employment Opportunity Commission... on 9/18/2015

Lake Charles Location Terminated Employee Because of Transgender Status, Commission Charges - NEW ORLEANS - Mississippi-based First Tower Loan, LLC violated federal law by firing a Lake Charles, La., manager-trainee...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

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