News & Analysis as of

Title VII Employment Litigation Motion to Dismiss

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 -
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

Tucker Arensberg, P.C.

Federal Court Rules That Plaintiff’s Claims of Sex Discrimination Against a School District Were Sufficiently Pled

Tucker Arensberg, P.C. on

Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more

Littler

The Fifth Circuit Announces New Standard for Pleading a Title VII Claim

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The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision" to properly allege a disparate treatment claim. Applying a strict...more

Lewitt Hackman

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

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A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more

Genova Burns LLC

The Devil is in the Details: NJ District Court Demands Details of Sexual Harassment to Defeat Motion to Dismiss

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On April 12, 2021, the New Jersey District Court for the District of New Jersey in Spence v. New Jersey, et al., granted in part and denied in part a motion to dismiss an employee’s sexual harassment and retaliation claims...more

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

Texas Discrimination Laws Protect Intention to Become Pregnant, State Court Rules

The Texas Commission on Human Rights Act (TCHRA) prohibits discrimination in employment based on sex. The state law defines “sex discrimination” to include “discrimination because of or on the basis of pregnancy, childbirth,...more

Hinshaw & Culbertson LLP

Federal Court Allows ADEA Disparate Impact Claims over Employer Policies to Proceed

Ever since the Supreme Court's 2005 decision in Smith v. City of Jackson, plaintiff employment lawyers have struggled with how best to assert a viable claim of disparate impact age discrimination. The concept of disparate...more

Fisher Phillips

Federal Appeals Court Expands Joint Employer Liability Theory For Agricultural Employers

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A federal appeals court just announced a sweeping change for agricultural employers that will make it easier for workers to bring discrimination claims against them under a joint employment theory. In last week’s EEOC v....more

Seyfarth Shaw LLP

California Court Dismisses Deficient Disability Claims In EEOC-Initiated Systemic Action

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Seyfarth Synopsis: In an EEOC-initiated systemic lawsuit alleging that a senior living and nursing facility operator violated the Americans With Disabilities Act (“ADA”) by failing to offer employees light duty as a...more

Seyfarth Shaw LLP

Recent Decision Clarifies The Legal Framework For EEOC’s Pattern-Or-Practice Lawsuits Under Section 706

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In recent years, a body of law has developed surrounding pattern or practice lawsuits brought by the EEOC. This has helped to clarify, for example, when the 300-day filing cutoff applies, or whether the claimant is eligible...more

Seyfarth Shaw LLP

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

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A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

Seyfarth Shaw LLP

VII Before IX: Continuing Saga in Harassment Claim Preemption

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Seyfarth Synopsis: A recent decision by the U.S. District Court for the Eastern District of Texas, part of the Fifth Circuit Court of Appeals, reaffirmed a growing circuit split regarding whether Title VII of the Civil Rights...more

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