News & Analysis as of

Title VII Employer Liability Issues Supreme Court of the United States

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 -
Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

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Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more

Butler Snow LLP

Discriminatory or Just Cheap? Eleventh Circuit Panel Rules that Employer-Sponsored Health Plans Must Cover Gender-Affirming Care;...

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In its 2020 decision in Bostock v. Clayton County, the United States Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against employees based on their...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

PilieroMazza PLLC

Supreme Court Opens Door to Broader Spectrum of Employment Discrimination Cases

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In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis,...more

Fisher Phillips

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

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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

Perkins Coie

June Tip of the Month: Updated EEOC Guidance Enhances Gender Identity and Sexual Orientation Protections

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its new Enforcement Guidance on Harassment in the Workplace (the Guidance), the first update to its Guidance in over 20 years. Among the many...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Lowers the Bar for Title VII Employment Claims

Title VII of the Civil Rights Act requires employees alleging employment discrimination to show they suffered an adverse employment action as a result of their membership in a protected class....more

Polsinelli

No Harm, No Foul: The Supreme Court Reduces “Harm” Standard for Discriminatory Job Transfer Claims under Title VII

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In April, the U.S. Supreme Court unanimously held in Muldrow v. City of St. Louis, that to sustain a prima facie case of employment discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”), plaintiffs do...more

Locke Lord LLP

High Court Update: Recent US Supreme Court Rulings Employers Should Know About

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Thus far, 2024 has been a whirlwind of new employment rules, statutes, guidance, and decisions for employers to grapple with and account for in their businesses. Among these decisions are a handful of rulings from the Supreme...more

Epstein Becker & Green

#WorkforceWednesday® - Key SCOTUS Decisions This Term for Employers - Employment Law This Week®

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This week, we’re recapping recent U.S. Supreme Court (SCOTUS) decisions and their impact on employers across the country. Employment-Related Decisions The Supreme Court is closing out its term, and the justices have handed...more

Franczek P.C.

Recent Supreme Court Decision Clarifies Lower Standard of Harm for Job Transfers under Title VII

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In a recent decision, Muldrow v. City of St. Louis, the U.S. Supreme Court clarified the standard for determining whether an adverse employment action is a sufficient basis for a discrimination claim under Title VII of the...more

Saul Ewing LLP

Employees No Longer Required to Prove Significant Harm for Title VII Claims

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Under the recent Supreme Court Ruling of Muldrow v. City of St. Louis, employees no longer need to suffer “significant” harm to state a claim of discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”)....more

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

Manatt, Phelps & Phillips, LLP

Title VII Doesn’t Require ‘Significance Test,’ Supreme Court Rules

A Title VII plaintiff does not need to demonstrate that the injury alleged satisfies a significance test, the U.S. Supreme Court has ruled. ...more

Dentons

Promotion and Demotion – What to Watch For

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In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Akerman LLP

How Much Worse Off Must an Employee Be Post-Job Transfer to State a Title VII Claim?

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In what may be considered a “win” for employees, the United States Supreme Court recently clarified that an employee challenging a job transfer as “discriminatory” need only prove that they sustained “some” harm due to the...more

Conn Maciel Carey LLP

Employers Beware: Title VII Now Allows Employees to More Easily Challenge Your Decision to Transfer or Reassign Them

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On April 17, 2024, the United States Supreme Court issued an opinion in Muldrow v. City of St. Louis, Missouri, a case involving a St. Louis Police Department officer’s claim that she was subject to a discriminatory job...more

DirectEmployers Association

OFCCP Week In Review: May 2024 #3

Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more

Kohrman Jackson & Krantz LLP

Supreme Court Returns Title VII to Its Roots and Lowers the Standard to Prove Discrimination

Title VII makes it unlawful to discriminate against employees on the basis of their gender, race, national origin, color or religion. Nowhere does it provide an express definition of discrimination or establish a standard a...more

Proskauer Rose LLP

No Good Deed Goes Unpunished: When Employers’ Good Intentions Inadvertently Create Increased Risk

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Employment lawsuits typically involve allegations of an employer’s wrongdoing – claims that the employer or its agents intended to and did mistreat, discriminate, or retaliate against employees. However, these “bad actor”...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

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“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Jackson Lewis P.C.

Applying Groff, Indiana District Court Rules in Favor of Employer in Religious Accommodation Claim

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Applying the U.S. Supreme Court’s decision in Groff v. DeJoy, which clarified the standard for undue hardship in religious accommodation cases under Title VII of the Civil Rights Act, a federal district court in Indiana...more

Venable LLP

Labor Pains: You Moved My Parking Spot! I'm Suing

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Picture this: You're just about set to open a new workplace in Smallsville. The only hurdle remaining is finding the right person to manage the new location. After giving this problem considerable thought, you think you've...more

Lerch, Early & Brewer

What Employers Need to Know About the Recent Supreme Court Decision in Muldrow

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On April 17, 2024, the Supreme Court issued a decision in Muldrow vs. City of St. Louis, which held that Title VII – which bars employers from discriminating in decisions involving among other things, lateral transfers – does...more

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

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