News & Analysis as of September 18, 2024

Title VII › Administrative Procedure Act

+ Follow

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 -

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

Fisher Phillips on 7/18/2024

The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

OFCCP Week In Review - May 2024 #4

DirectEmployers Association on 5/29/2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

GOP AGs Extend a Hand in Fighting EEOC on Alleged Title VII Overreach

Cozen O'Connor on 5/24/2024

A group of 18 Republican AGs sued the Equal Employment Opportunity Commission (EEOC) over its Enforcement Guidance on Harassment in the Workplace (Enforcement Document) which informs employers that failing to accommodate...more

Religious Institutions Update: March 2023

Holland & Knight LLP on 3/31/2023

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Federal Judge Enjoins Agency Guidance on Transgender Students

Cozen O'Connor on 7/22/2022

A federal judge in the U.S. District Court for the Eastern District of Tennessee granted 20 Republican AGs’ request to block the Biden Administration’s interpretation of Title VII and Title IX of the Civil Rights Act, which...more

Religious Institutions Update: February 2022

Holland & Knight LLP on 2/4/2022

Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more

Beltway Buzz - March 2020 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2020

COVID-19 Update. Set forth below is a quick roundup of policy developments and implications concerning the COVID-19 virus. ...more

2019-20 Supreme Court Update

Skadden, Arps, Slate, Meagher & Flom LLP on 1/21/2020

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2019 (And a Preview of Our Annual EEOC Litigation...

Seyfarth Shaw LLP on 1/3/2020

Seyfarth Synopsis: Stepping into a new year always gives one a chance to reflect on the lessons and trends of the prior year. In that spirit, we are pleased to present our annual selections for the five most intriguing...more

Two Federal Courts Strike Down Health And Human Services ‘Conscience Protection Rule’

Jackson Lewis P.C. on 11/12/2019

Two federal courts have struck down the U.S. Department of Health and Human Services’ (HHS) “Conscience Protection Rule,” which was slated to go into effect on November 22, 2019. The Rule purported to enforce pre-existing...more

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

Littler on 11/4/2019

Employers should continue to exercise caution and care in drafting their criminal record screening policies. A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Beltway Buzz - October 2019 #2

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/14/2019

Supreme Return. The Supreme Court of the United States kicked off its 2019 term this week with a few blockbuster oral arguments. On October 9, 2019, the Court heard oral argument in three cases concerning whether gender...more

EEOC Can’t Mess With Texas, Fifth Circuit Says

Manatt, Phelps & Phillips, LLP on 9/3/2019

The U.S. Court of Appeals for the Fifth Circuit sided with Texas in its challenge to the Equal Employment Opportunity Commission’s (EEOC) guidance for employers on the use of criminal records in hiring. ...more

Fifth Circuit Rules That The EEOC Can’t Mess With Texas Over Criminal Background Checks

Seyfarth Shaw LLP on 8/12/2019

Seyfarth Synopsis: In the latest battle of the multi-year showdown between the State of Texas and the EEOC – whereby Texas asserted that the EEOC’s 2012 “Enforcement Guidance on the Consideration of Arrest and Conviction...more

Fifth Circuit Finds EEOC Did Not Have Authority to Issue 2012 Criminal History Guidance

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/9/2019

On August 6, 2019, in State of Texas v. Equal Employment Opportunity Commission, the U.S. Court of Appeals for the Fifth Circuit ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its limited rulemaking...more

Fifth Circuit Deals a Blow to EEOC’s Criminal Record Guidance

Littler on 8/7/2019

On August 6, 2019, in Texas v. EEOC, the U.S. Court of Appeals for the Fifth Circuit dealt the EEOC a significant setback, largely affirming the district court’s decision that the EEOC violated the federal Administrative...more

Is The EEOC’s Background Check Guidance In Jeopardy?

Akerman LLP - HR Defense on 2/22/2018

Employers that have been frustrated with the EEOC’s position on how they can use arrest and conviction records, take note: earlier this month, a federal court in Texas enjoined the EEOC and the Attorney General of the United...more

The Employment Law Authority - July/August 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/14/2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

Texas District Court Enjoins Federal Gender Identity Protection Of Students

Seyfarth Shaw LLP on 8/26/2016

Seyfarth Synopsis: In State of Texas v. United States, a District Court issued a nationwide injunction to enjoin the Department of Education and Department of Justice from enforcing their guidelines on accommodations for...more

No Texas Hold ‘Em: Fifth Circuit Allows Texas to Challenge the EEOC Enforcement Guidance

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/8/2016

A somewhat surprising decision in favor of the State of Texas was handed down from the Fifth Circuit Court of Appeals on June 27, 2016, which held that (i) Texas had standing to challenge the Equal Employment Opportunity...more

DC Court: EEOC Guidance Final Action Subject to Review in Federal Court

Pillsbury - Gravel2Gavel Construction & Real... on 7/1/2016

A recent decision by the U.S. Court of Appeals for the Fifth Circuit is a reminder to important federal agencies that they must take care to adhere to the requirements of the Administrative Procedure Act (APA) when they issue...more

Trade Associations File Lawsuit Over CFTC’s Cross-Border Guidance

Katten Muchin Rosenman LLP on 12/10/2013

The Securities Industry and Financial Markets Association, the International Swaps and Derivatives Association, Inc. and the Institute of International Bankers (collectively, Trade Associations) filed a complaint challenging...more

22 Results

View per page

Page: of 1

Title VII › Administrative Procedure Act

"My best business intelligence, in one easy email…"