News & Analysis as of

Summary Judgment Discrimination Title VII

Bradley Arant Boult Cummings LLP

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

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

Butler Snow LLP

Step-dad’s “slobbery” kiss leads to big trouble for Tennessee employer

Butler Snow LLP on

Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more

Bradley Arant Boult Cummings LLP

Plaintiff’s “Paramour Preference” Plan Panned: 9th Circuit Finds Romantic Relationship Not Enough to Show Discrimination Against...

In another chapter in litigation alliteration, in Maner v. Dignity Health, f/k/a Catholic Healthcare West, the Ninth Circuit held that a male employee’s theory that his supervisor’s long-term romantic relationship with a...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

Fisher Phillips

Web Exclusive - That’s My Story And I’m Sticking To It: A Look At The “Honest Belief” Rule

Fisher Phillips on

You find out an employee launches a false complaint of discrimination or harassment and you terminate them for their dishonesty. There’s no harm in that, right? Think again. There has been a recent trend of cases where courts...more

Seyfarth Shaw LLP

Now Something Known As “Onionhead” Is A “Religion” For Which The EEOC Can Bring A Religious Discrimination Suit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an EEOC religious discrimination case, a federal court found that “Onionhead” was a religion for purposes of Title VII. The court also found that the EEOC did not fail to meet its Title VII pre-suit...more

Proskauer - Law and the Workplace

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fifth Circuit Reverses Summary Judgment in Favor of Franchisor Not Named in Charge of Discrimination

Names play an important role for an employee who, in filing a charge of discrimination, must satisfy Title VII’s naming requirement. This is because an employee who fails to properly name defendants in a charge of...more

Benesch

Sixth Circuit Affirms Summary Judgment Dismissing Plaintiff’s Wage Discrimination Claims

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The Sixth Circuit recently upheld a district court’s grant of summary judgment dismissing a female plaintiff’s wage discrimination claims under the Equal Pay Act (“EPA”), Title VII, and Michigan’s Elliot-Larsen Civil Rights...more

BakerHostetler

Court Slams EEOC on Background Check Lawsuit

BakerHostetler on

Last week, a district court in Maryland granted summary judgment in favor of Freeman, Inc. (“Freeman”), a service provider for corporate events, with respect to a nationwide pattern and practice lawsuit brought by the U.S....more

U.S. Equal Employment Opportunity Commission...

Federal Judge Agrees with EEOC That Montrose Restaurant Created Abusive Work Environment

Berryhill Baja's Owner Subjected Two Female Bartenders to Sexual Harassment, Federal Agency Charged - HOUSTON - A Houston judge has granted summary judgment (judgment prior to trial) in favor of the U.S. Equal...more

BakerHostetler

Sixth Circuit Affirms Refusal to Certify Disparate Impact Sex Discrimination Case

BakerHostetler on

On May 30, 2013, the Sixth Circuit issued its decision in Davis v. Cintas Corporation, Case No. 10-1662 (6th Cir. May 30, 2013), in which it upheld a district court’s refusal to certify a disparate impact Title VII case, but...more

JAMS

Has the standard for discrimination claims truly changed for NYC employers and employees? The New York City Human Rights Law is...

JAMS on

In 2005, New York City passed the Civil Rights Restoration Act amendments to the New York City Human Rights Law (NYCHRL). Given the language and legislative history of these amendments, many courts have since recognized that...more

Poyner Spruill LLP

Fourth Circuit Upholds Employer-Favorable Religious Discrimination Decision

Poyner Spruill LLP on

The Fourth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that was sued by the Equal Employment Opportunity Commission (EEOC) for religious discrimination. In EEOC v. Thompson Contracting,...more

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