News & Analysis as of

Civil Rights Act Title VII Disparate Treatment

Goldberg Segalla

Pennsylvania Federal Court Allows Claims of Sex Discrimination by Cisgender Male to Move Forward

Goldberg Segalla on

On April 4, 2024, the Honorable Judge Michael M. Baylson from the Eastern District of Pennsylvania partially granted and partially denied a motion to dismiss filed by a former employee who alleged discrimination by his...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Sets High Bar for Politically and Racially Disparaging Comments to Support Harassment Claim

As the U.S. becomes more politically divided, employers increasingly are forced to deal with political and social disputes among employees. Last week in Yelling v. St. Vincent’s Health System, the Eleventh Circuit Court of...more

Jackson Lewis P.C.

Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts

Jackson Lewis P.C. on

Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held,...more

Dechert LLP

Fifth Circuit Overturns Employer-Friendly Limitations on Title VII Claims

Dechert LLP on

Employees in Louisiana, Mississippi, and Texas can now state a Title VII disparate-treatment claim if they plead discrimination in hiring, firing, compensation, or the “terms, conditions, or privileges of employment.” An...more

Epstein Becker & Green

Fifth Circuit Broadens Standard for Title VII Claims Against Employers

Epstein Becker & Green on

As a result of a recent Fifth Circuit decision, some employers in Texas will now face a tougher hurdle when defending against Title VII disparate treatment discrimination claims in federal court. The United States Court of...more

BakerHostetler

Fifth Circuit Opens the Door to More Discrimination Claims

BakerHostetler on

The Fifth Circuit Court of Appeals’ recent decision in Hamilton v. Dallas County expanded the scope of claims employees may pursue under Title VII of the Civil Rights Act of 1964. Title VII is the anti-discrimination statute...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

Littler on

The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

Quarles & Brady LLP

Russia’s War in Ukraine No Excuse for National Origin Discrimination

Quarles & Brady LLP on

As Russia’s invasion of Ukraine continues to develop, U.S. employers may face challenges in navigating how to respond when employees make inappropriate statements related to the international conflict. Political acrimony in...more

Jackson Lewis P.C.

EEOC Argues For Broader Causation Standard And Provides A Peek Into The EEOC’s Future Focus

Jackson Lewis P.C. on

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment...more

Seyfarth Shaw LLP

Age and “Sex-Plus” Discrimination Claims Against Casino Highlight Considerations To Avoid Gambling When Implementing Layoffs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (10th Cir. 2020), the Tenth Circuit reversed dismissal and summary judgment in favor of Affinity Gaming Black Hawk, LLC (Affinity) on three of...more

Constangy, Brooks, Smith & Prophete, LLP

Illegal or ill-mannered? Title VII meets Ms. Manners

Is it discriminatory to discipline employees for wearing #BLM face masks? When does Supervisor Karen cross the line from rude into discrimination? And join us to count down the top eight things you should never, ever say in...more

McAfee & Taft

Tenth Circuit rules hybrid ‘sex-plus-age’ claims permissible under Title VII

McAfee & Taft on

On July 21, 2020, the Tenth Circuit Court of Appeals, the federal circuit court that covers Oklahoma, was the first circuit court to rule that Title VII of the Civil Rights Act of 1964 permits “sex-plus-age” claims. The...more

ArentFox Schiff

Second Circuit Holds Evidence of Equal Work for Unequal Pay Not Required for Title VII Compensation Claims

ArentFox Schiff on

The Second Circuit has held that employees who allege they were underpaid on the basis of their sex, in violation of Title VII of the Civil Rights Act, are not required to first establish an Equal Pay Act claim but rather...more

Bradley Arant Boult Cummings LLP

The Italian Job: Fifth Circuit Confirms Pleading Standard for National Origin Discrimination Claim

Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more

U.S. Equal Employment Opportunity Commission...

Maritime Autowash Will Pay $300,000 in EEOC Race and National Origin Discrimination Case

BALTIMORE - Maritime Autowash (later known as Phase 2 Invest­ments, Inc.) will pay $300,000 in monetary relief and furnish equitable relief to settle a federal race and national origin dis­crimination lawsuit filed by the...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler on

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

Polsinelli on

On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

U.S. Equal Employment Opportunity Commission...

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

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

U.S. Equal Employment Opportunity Commission...

Floyd’s Equipment to Pay $25,000 To Settle EEOC Racial Discrimination and Retaliation Lawsuit

Missouri Contractor Transferred and Then Fired Employee for Complaining About Racial Slurs, Federal Agency Charged - ST. LOUIS -- Floyd's Equipment Inc., a Sikeston, Mo. contractor, has agreed to pay $25,000 and furnish...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Prewitt Enterprises and Desoto Marine for Race Discrimination

Mississippi Construction and Salvage Companies' Managers and Supervisors Continuously Subjected Black Employees to Racially Hostile Work Environment, Federal Agency Charges - MEMPHIS - Prewitt Enterprises, Inc., doing...more

U.S. Equal Employment Opportunity Commission...

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

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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Alden Short and Hinson Jennings For Harassment of Hispanic Employees

Latino Employees Subjected to Slurs, Federal Agency Charges - DALLAS - Alden Short, Inc., a property management company headquartered in Dallas, and its subsidiary Hinson Jennings, LLC, violated federal law when they...more

Seyfarth Shaw LLP

Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Metairie Dry Cleaner for Discrimination and Retaliation

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

U.S. Equal Employment Opportunity Commission...

Koch Foods Settles EEOC Harassment, National Origin And Race Bias Suit

Poultry Supplier Pays $3.75 Million to Class of Hispanic Workers - BIRMINGHAM, Ala. - Koch Foods, one of the largest poultry suppliers in the world, will pay $3,750,000 and furnish other relief to settle a class...more

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