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Title VII › Employment Litigation › Employees

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 -
Manatt, Phelps & Phillips, LLP

Religious Discrimination Case Over Vaccine Mandate Revived in First Circuit

Manatt, Phelps & Phillips, LLP on

The First U.S. Circuit Court of Appeals reversed dismissal of a Title VII religious discrimination claim filed by a hospital employee who was terminated for not getting a COVID-19 vaccine....more

Seyfarth Shaw LLP

EEOC Case Filings Plummet:  A Look at the EEOC’s Surprisingly Sluggish FY 2024

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Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its...more

Mintz - Employment Viewpoints

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

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As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

Seyfarth Shaw LLP

Seventh Circuit: Religious Discrimination Claim Survives Motion to Dismiss Even if Request For Religious Exemption to COVID-19...

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Seyfarth Synopsis: In two cases issued by the Seventh Circuit, Passarella and Dottenwhy v. Aspirus, Inc. and Bube and Hedrington v. Aspirus Hospital, Inc. the Court held that at the motion to dismiss stage, the fact that a...more

Bradley Arant Boult Cummings LLP

Pregnant Workers Fairness Act – The Journey and Final Destination

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There has been a lot of talk about the Pregnant Workers Fairness Act (PWFA). So, where are we now? What do you need to know? This newsletter provides a snapshot of what it took to get the PWFA and its regulations finalized,...more

Bradley Arant Boult Cummings LLP

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

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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

Littler

Annual Report on EEOC Developments - Fiscal Year 2023

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INTRODUCTION - This Annual Report on EEOC Developments—Fiscal Year 2023 (hereafter “Report”), our thirteenth annual publication, is designed as a comprehensive guide to significant Equal Employment Opportunity Commission...more

Steptoe & Johnson PLLC

The EEOC Unveils Final Version of Enforcement Guidance on Harassment in the Workplace

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On April 29, the U.S. Equal Employment Opportunity Commission (EEOC), after nearly seven years of effort, released updated guidance concerning harassment in the workplace. The updated guidance reflects three key developments...more

Bass, Berry & Sims PLC

Supreme Court Holds That Employees Need Not Show “Significant” Harm to Support a Title VII Discrimination Claim Based on a Job...

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In a recent decision, the United States Supreme Court ruled that a lateral job transfer can – in certain circumstances – be an illegal adverse action and support a claim for a lawsuit for unlawful discrimination. This...more

Quarles & Brady LLP

Supreme Court Identifies Employee-Favorable Standard for Workplace Discrimination Claims

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On April 17, 2024, the Supreme Court held in Muldrow v. City of St. Louis that an employee alleging a discriminatory job transfer need only show “some injury” respecting their employment terms or conditions, rather than a...more

Rumberger | Kirk

Supreme Court Says Forced Job Transfers Must Cause Harm, But it Doesn’t Have to be Significant

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In Muldrow v. City of St. Louis, the U.S. Supreme Court considered what protections Title VII of the Civil Rights Act of 1964 provides to employees who claim they were the victims of a discriminatory transfer....more

Bradley Arant Boult Cummings LLP

The EEOC’s Plan to Root Out Pregnancy Discrimination in the Workplace   

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Remember last year when we repeatedly posted about the Pregnant Worker Fairness Act (PWFA) and the PUMP Act telling you that the EEOC was going to have pregnancy discrimination on its radar? Recent activity from the EEOC...more

Goldberg Segalla

Employee Religious-Exemption Protections Safeguarded in COVID-19 Discrimination Claim

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On January 25, the U.S. District Court for the Eastern District of Pennsylvania denied the Children’s Hospital of Philadelphia’s (CHOP) motion to dismiss plaintiff Donald Glover’s complaint in Donald Glover v. The Children’s...more

Akerman LLP - HR Defense

New Year, Same Analysis – The Eleventh Circuit Reiterates Proper Standard for Evaluating Employment Discrimination Claims

Akerman LLP - HR Defense on

The McDonnell Douglas burden-shifting framework used to evaluate employment discrimination claims may not be permanently cast aside, but a recent decision reminds us that it is not the only means through which employees can...more

Littler

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

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The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Spilman Thomas & Battle, PLLC on

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Adler Pollock & Sheehan P.C.

Supreme Court Poised to Eliminate Title VII Material Harm Requirement

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Last week, the Supreme Court heard oral argument in Muldrow v. City of St. Louis, a key case involving the definition of an “adverse employment action” under Title VII of the Civil Rights Act of 1964.  Specifically, the Court...more

Console and Associates, P.C.

More Employment Cases Were Filed in the Eastern District of New York than Almost Anywhere Else in the U.S.

Console and Associates, P.C. on

Employers have a legal duty to ensure a safe, healthy workplace and to pay employees fairly for their work. This includes an obligation to treat employees fairly and respect their individual differences. When an employer’s...more

Console and Associates, P.C.

Employment Discrimination Cases Surge in Southern District of New York, According to Recent Report

Console and Associates, P.C. on

State and federal laws impose a duty on employers to respect employees’ rights and provide them with certain benefits. However, because employment discrimination claims and other employment disputes often involve a mix of...more

Gray Reed

Appeals Court Opens Door to More Discrimination Claims

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On August 18, 2023, the Fifth Circuit Court of Appeals, which holds jurisdiction over Texas, Louisiana and Mississippi, abandoned a decades-old interpretation that discrimination must be related to an “ultimate employment...more

Stinson LLP

Trend of Nixing Employer-Friendly "Ultimate Employment Decision" Standard for Title VII Claims Continues

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Recently, the Fifth Circuit overturned decades-old precedent requiring that plaintiffs suffer an “ultimate employment decision” (such as actions relating to hiring, firing, leave, or pay) in order to plead a claim under Title...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

FordHarrison

Fifth Circuit Overrules Long-Standing Precedent to Align Itself with Other Courts Addressing Title VII Claims

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Executive Summary:  The United States Court of Appeals for the Fifth Circuit (which covers Texas, Louisiana and Mississippi) recently held that Title VII plaintiffs can show they were subjected to an adverse employment action...more

Butler Snow LLP

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

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On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Littler

Littler Lightbulb – July Employment Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month....more

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