News & Analysis as of September 18, 2024

Title VII › Public Employees

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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 -

FMLA Doesn’t Shield Employee From Dismissal Due to Misconduct Prior to Leave Request, District Court Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/10/2024

On April 29, 2024, in McBeath v. City of Indianapolis, the U.S. District Court for the Southern District of Indiana granted summary judgment in favor of the City of Indianapolis on a plaintiff’s claims for Family and Medical...more

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

Parker Poe Adams & Bernstein LLP on 8/25/2023

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/23/2023

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Fourth Circuit Says Failure to File Timely EEOC Charge Does Not Deprive Court of Jurisdiction

Parker Poe Adams & Bernstein LLP on 2/26/2019

In a recent EmployNews article, we reported on a federal appellate circuit split over how courts should dispose of employment discrimination suits where the plaintiff fails to file an EEOC charge within the required statutory...more

EEOC And Justice Department Sign Memorandum of Understanding to Prevent and Address Harassment of Employees in State and Local...

U.S. Equal Employment Opportunity Commission... on 12/24/2018

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice's Civil Rights Division today signed a new Memorandum of Understanding (MOU) to prevent and address workplace harassment in...more

Recent Supreme Court Decision Interprets ADEA to Cover State and Local Governments of Any Size

Steptoe & Johnson PLLC on 12/13/2018

On November 6, 2018, the Supreme Court issued its decision in Mount Lemmon Fire District v. Guido, 2018 WL 5794639 (2018), and held that state and local governments of any size are covered under the Age Discrimination in...more

November 2018: The Top 12 Labor And Employment Law Stories

Fisher Phillips on 12/4/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Unanimous Supreme Court Sides with Public Employees in Age Discrimination Fight

Baker Donelson on 11/20/2018

In its first ruling of the new term, the United States Supreme Court unanimously sided with the Ninth Circuit in holding that the Age Discrimination in Employment Act (ADEA) applies to all states and political subdivisions...more

ADEA Given Broader Reach than Title VII: Supreme Court Rules ADEA Covers Political Subdivisions with Less than 20 Employees

Polsinelli on 11/15/2018

On Tuesday November 6, 2018, the U.S. Supreme Court unanimously ruled that the Age Discrimination in Employment Act (“ADEA”) applies to state and local government employers with fewer than 20 employees. ...more

U.S. Supreme Court Holds the ADEA Applies to All Public Employers

Hinshaw & Culbertson LLP on 11/13/2018

In a recent 8-0 decision, the U.S. Supreme Court upheld a Ninth Circuit Court of Appeals decision holding the Age Discrimination in Employment Act (ADEA) applies to public employers of any size....more

U.S. Supreme Court Rules on Age Discrimination in Employment Act

Tucker Arensberg, P.C. on 11/13/2018

U.S. Supreme Court Rules That All States and Political Subdivisions Must Comply With the Age Discrimination in Employment Act, Regardless of Size - Due to a recent decision by the United States Supreme Court in Mount...more

The Supreme Court Rules that the Age Discrimination in Employment Act Applies to Small Government Employers

Obermayer Rebmann Maxwell & Hippel LLP on 11/9/2018

The Age Discrimination in Employment Act of 1967 (“ADEA”) forbids employment discrimination against employees who are 40 years of age or older. Private employers with less than 20 employees are not subject to the ADEA....more

Size Doesn’t Matter, SCOTUS Rules: ADEA Applies Even to Small Political Subdivisions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/7/2018

On November 6, 2018, the Supreme Court of the United States ruled that the Age Discrimination in Employment Act of 1967 (ADEA) applies to all states and political subdivisions—regardless of their size. In an opinion that...more

The Supreme Court - November 6, 2018

Dorsey & Whitney LLP on 11/7/2018

The Supreme Court of the United States issued the following decision today: Mount Lemmon Fire Dist. v. Guido, No. 17-587: The Age Discrimination in Employment Act of 1967 (“ADEA”), applies to “employers,” which are defined...more

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/19/2018

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

SCOTUS Employment Cases and Petitions for The Upcoming Term

Holland & Hart - Employers' Lawyers on 9/28/2018

The Supreme Court of the United States will begin its upcoming session on Monday, October 1, 2018. Currently, eight justices preside over the high court following Justice Anthony Kennedy’s retirement after the end of the last...more

First Circuit Refuses to Recognize a Section 1981 Private Right of Action for Damages Against State Actors

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/7/2017

In a recent decision, Buntin v. City of Boston, the First Circuit Court of Appeals held that there is no implied private right of action for damages against state actors under 42 U.S.C. Section 1981. In reaching that...more

EEOC Issues Fact Sheet on Transgender Employee Bathroom Access

Parker Poe Adams & Bernstein LLP on 5/10/2016

As transgender bathroom access legislation continues to generate controversy across the U.S., the Equal Employment Opportunity Commission issued a new Fact Sheet unequivocally stating its position with regard to restroom use...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/1/2016

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

Second Circuit Refines Title VII Pleading Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/15/2015

The Second Circuit Court of Appeals recently remanded a former employee’s racial discrimination lawsuit brought under Title VII of the Civil Rights Act of 1964. In Littlejohn v. City of New York, No. 14-1395 (August 3, 2015),...more

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

Cozen O'Connor on 9/15/2015

Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

EEOC Rules that “Sex” Encompasses Sexual Orientation Under Title VII; Ruling Helpful to LGBT Employees, But Not an End to the...

Mintz - Employment, Labor & Benefits... on 7/22/2015

In a sweeping decision, the U.S. Equal Employment Opportunity Commission found that Title VII prohibits sexual orientation-based discrimination. Although the statute does not explicitly include sexual orientation as a...more

Justice Department and Equal Employment Opportunity Commission Sign Memorandum Of Understanding to Further the Goals of Title VII...

U.S. Equal Employment Opportunity Commission... on 3/4/2015

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice's (DOJ) Civil Rights Division yesterday signed a new Memorandum of Understanding (MOU) to further the goals of Title VII...more

Lopez v. City of Lawrence Decision Criticizes “Disparate Impact” Analysis

Proskauer - Government Contractor Compliance... on 11/14/2014

In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis. In...more

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Title VII › Public Employees

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