News & Analysis as of

Title VII

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 - Law and the Workplace

What Will The Trump Administration Mean For The Regulation of Employer AI Tools?

In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related...more

Bradley Arant Boult Cummings LLP

11th Circuit Speaks: No Implied Right of Action for Employees Under Title IX for Sex Discrimination

The 11th Circuit has spoken on a topic with divergent views among the circuits – finding that Title IX does not provide an implied right of action for sex discrimination. In so doing, it affirmed summary judgment for the...more

Mintz - Employment Viewpoints

SCOTUS Takes Up Reverse Discrimination Framework Under Title VII

The U.S. Supreme Court recently granted cert in a hotly contested case addressing the standards of proof applicable to reverse discrimination claims under Title VII. The case comes on the heels of the court’s decision last...more

Constangy, Brooks, Smith & Prophete, LLP

ACLU, others back EEOC in challenge to Enforcement Guidance on harassment

The bathroom battle (among others) continues. The State of Texas and the Heritage Foundation, on behalf of employers, have challenged the EEOC's recent Enforcement Guidance on Harassment in the Workplace. The lawsuit alleges...more

U.S. Equal Employment Opportunity Commission...

EEOC Encourages Victims and Witnesses of Harassment at Mariscos El Puerto and La Catrina to Come Forward

Employees Should Contact Federal Agency if They May Have Been Subjected to or Witnessed Harassment - LAS VEGAS – The U.S. Equal Employment Opportunity Commission (EEOC) encourages victims of or witnesses to sexual...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Says No Implied Right of Action for Employees Under Title IX

Title IX of the Education Amendments of 1972 prohibits sex discrimination in educational institutions that receive federal funding. For years, federal courts have interpreted Title IX to include an implied right of action for...more

Snell & Wilmer

2024 End-of-Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

Snell & Wilmer on

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 SW Benefits Updates. This Part 1 covers year-end health and welfare plan issues. Parts 2,...more

Littler

Littler Lightbulb: October Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Ninth Circuit Reinstates Law Prohibiting Discrimination in Healthcare Settings...more

Jackson Lewis P.C.

SCOTUS’ Review of Title VII Reverse Discrimination Pleading Standard Will Likely Impact Employers’ Employment Decisions

Jackson Lewis P.C. on

The U.S. Supreme Court will review a requirement in five federal circuit courts of appeals that members of a majority group, such as Whites, males, or heterosexuals, who allege discrimination under Title VII of the Civil...more

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

Justice Department Rule on Accessible Medical Diagnostic Equipment Carries Broad Implications for Healthcare Industry

The U.S. Department of Justice (DOJ) recently published a final rule on the accessibility of medical diagnostic equipment (MDE) and other accessibility-related practices that promises to have broad impact on the health care...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

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

Abortion Rights Ballot Measures Pass in Seven States

On November 5, 2024, seven states approved ballot measures to reaffirm the right to abortion, and three states rejected ballot measures to legalize abortion. These ballot results could have a significant impact on employers...more

Bricker Graydon LLP

EEOC Cracks Down on Harassment of Transgender Employees

Bricker Graydon LLP on

On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more

Constangy, Brooks, Smith & Prophete, LLP

Bosses, don’t roll the dice with your employees. You could be personally liable.

You have probably heard about the plight of Rudy Giuliani. Once known as “America’s Mayor” for his handling of the attack on the Twin Towers on September 11, 2001, Mr. Giuliani has fallen on hard times. Because of a $148...more

Constangy, Brooks, Smith & Prophete, LLP

The rise of “reverse” discrimination claims

Since the decision of the U.S. Supreme Court in Students for Fair Admission, we have observed an increase in “reverse” discrimination claims where members of a majority group, such as whites or males, allege discrimination...more

U.S. Equal Employment Opportunity Commission...

Sureste Property Group to Pay $75,000 in EEOC Race Discrimination Lawsuit

Real Estate Operating Company Resolves Federal Lawsuit Charging Company Fired Employee Because He Was Black - ATLANTA – Sureste Property Group and its divisions, Sureste Property Services and Sureste Development, a real...more

Holland & Knight LLP

Religious Institutions Update: November 2024

Holland & Knight LLP on

Fired Pastor's Ousting During Church Service Did Not Violate His Free Exercise Rights Anthony J. Sirven In Couzens v. City of Forest Park, Ohio, 114 F.4th 571, 574 (6th Cir. 2024), church leaders hired off-duty municipal...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2024

Seward & Kissel LLP on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act to prohibit mandatory arbitration of sexual harassment and sexual assault claims. In Doe v. Second...more

Parker Poe Adams & Bernstein LLP

EEOC: Employers Can't Require Proof of Validity for Religious Accommodation Requests

Last week, the Equal Employment Opportunity Commission announced that it had reached a settlement agreement in a lawsuit filed against a Pennsylvania debt collection agency alleging failure to provide a religious...more

Constangy, Brooks, Smith & Prophete, LLP

The termination wasn't perfect, but this employer nailed the retaliation case.

Here are the four things the employer did right. I hope everyone had a fun Halloween last night. And before Halloween gets too far into the distant past, check out this scary HR story: A full-time adjunct instructor at the...more

Cozen O'Connor

Employment Law Now VIII-151 - EEOC Commissioner Interview: Part 1 of 2 on the Pregnant Workers Fairness Act

Cozen O'Connor on

In this first of two parts on the federal Pregnant Workers Fairness Act (PWFA), current Vice Chair of the EEOC Jocelyn Samuels discusses the regulations implementing the PWFA and how the PWFA differs from Title VII and the...more

Cozen O'Connor

Fall 2024 Employer Check-up: Reduce Risk When Using AI Vendors’ Hiring Tools

Cozen O'Connor on

Last month, the U.S. Department of Labor (DOL) announced a new initiative, the “AI & Inclusive Hiring Framework,” funded by the DOL’s Office of Disability Employment Policy (ODEP). This framework is a voluntary resource to...more

Littler

High Court to Review Standard Applied to “Reverse Discrimination” Cases

Littler on

On October 4, 2024, the U.S. Supreme Court granted certiorari in Ames v. Ohio Department of Youth Services (Case No. 23-1039) to decide whether plaintiffs who are members of historically majority communities asserting...more

U.S. Equal Employment Opportunity Commission...

Cinergy Entertainment Group to Pay $137,000 in EEOC Retaliation Suit

Theater Operator Settles Federal Lawsuit Alleging Company Failed to Rehire Former Employee Because She Previously Filed a Discrimination Charge - CHARLOTTE, N.C. – Cinergy Entertainment Group, Inc., a Texas corporation...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Culver’s for Discriminating Against Transgender Employee and Retaliating Against Him and His Co-Workers

Federal Agency Charges Fast Food Companies Subjected Transgender Manager to Misgendering and Deadnaming and Fired Him and Co-Workers for Complaining - CLARKSTON, Mich. – Five related entities operating Culver’s restaurants...more

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