Tag archives: Title VII

Expanding definition of “sex discrimination” under Title VII

By James Hughes on April 24, 2017 Posted in Discrimination and harassment, United States

The Judiciary continues to act where Congress will not All employment attorneys—and most employers—know that Title VII bars discrimination based on certain enumerated personal characteristics: race, color, religion, sex, and national origin. It has long been the case that “sex” meant biological sex only, i.e., discriminating against a woman because she is a woman, or … Continue reading

Title VII sexual orientation claims are gaining traction with more courts

By Stephen Romero (US) on November 9, 2016 Posted in Discrimination and harassment, United States

On November 4, 2016, a federal judge in Pennsylvania became the latest jurist to side with the U.S. Equal Employment Opportunity Commission (EEOC) in endorsing the viability of claims based on sexual orientation under Title VII of the Civil Rights Act of 1964. In U.S. EEOC v. Scott Medical Health Center, the EEOC brought suit on … Continue reading

“Promising practices” encouraged by EEOC to prevent retaliation

By Norlynn Price (US) on August 30, 2016 Posted in Discrimination and harassment, United States

The U.S. Equal Employment Opportunity Commission (EEOC) has issued its final “Enforcement Guidance on Retaliation and Related Issues” following a six-month public comment period. The guidance replaces the EEOC’s 1988 Compliance Manual section on retaliation. Workplace retaliation claims have been on the rise in recent years and have been the focus of several opinions of the … Continue reading

Fair pay, safe workplaces, and federal contractors telling it like it is

By Norlynn Price (US) on August 29, 2016 Posted in Discrimination and harassment, United States

On August 24, 2016, the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory (FAR) Counsel issued a final rule to implement President Obama’s Executive Order 13673, entitled “Fair Pay and Safe Workplaces,” first announced by the President over two years ago on July 31, 2014. According to the Federal Acquisition Institute, the purpose of E.O. … Continue reading

Does Title VII cover sexual orientation claims? It depends.

By Mario Barrera (US) and Stephen Romero (US) on August 16, 2016 Posted in Discrimination and harassment, United States

In July 2015, the EEOC officially took the position that sexual orientation claims may be brought under the non-discrimination provisions of Title VII of the Civil Rights Act of 1964. However, in the recent case of Hively v. Ivy Tech Community College, the Seventh Circuit refused to accept the EEOC’s position and affirmed the dismissal … Continue reading

DOL issues sex discrimination final rule

By Shafeeqa Watkins Giarratani (US) and Meredith Mills (US) on July 6, 2016 Posted in Discrimination and harassment, United States

On June 14, 2016, the United States Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a Final Rule to revise its sex discrimination policies, updating its guidelines to provide additional guidance on what constitutes discrimination based on sex. The updated guidelines define “sex” to include gender identity, transgender status, pregnancy, and … Continue reading

EEOC continues its efforts to incorporate sexual orientation and gender identity into Title VII protections

By Shafeeqa Watkins Giarratani (US) and Derek Rollins (US) on May 3, 2016 Posted in Discrimination and harassment, United States

On March 1, 2016, the EEOC filed two cases with one clear goal: to expand the meaning of “sex” under Title VII. In EEOC v. Scott Medical Health Center, P.C., Case No. 2:16-cv-00225-CB (W.D. Pa.), the agency alleges that the defendant harassed an openly gay male employee because of his sexual orientation, thereby committing unlawful … Continue reading

U.S. Supreme Court to rule on circuit split regarding timeliness of constructive discharge complaints

By Dennis Jackson (US) and Jamila Mensah (US) on October 15, 2015 Posted in Discrimination and harassment, United States

On November 30th, 2015, the U.S. Supreme Court will hear oral arguments in the case of Green v. Donahoe, 760 F.3d 1135, 1137 (10th Cir. 2014) regarding the timeliness of an Equal Employment Opportunity Commission (“EEO”) complaint alleging constructive discharge under Title VII. Currently five circuits have held that the filing period begins when an employee resigns. … Continue reading

What same-sex marriage means for employers

By Bennett Kaspar (US) on August 10, 2015 Posted in Discrimination and harassment, United States

In June the U.S. Supreme Court ruled in a 5-4 decision that the equal protection guarantee provided by the Fourteenth Amendment to opposite-sex marriages extends to same-sex marriages. The opinion in Obergefell v. Hodges, authored by Justice Anthony Kennedy, holds that “same-sex couples may exercise the fundamental right to marry in all States” and that … Continue reading

The deeper meaning behind Abercrombie besides failing to ask about an accommodation

By Mario Barrera (US) and Stephen Romero (US) on July 1, 2015 Posted in Discrimination and harassment, United States

As widely reported in its recent EEOC v. Abercrombie & Fitch Stores, Inc. decision, the United States Supreme Court held that employers cannot lawfully refuse to hire an applicant if the decision was motivated by the employer’s unwillingness to provide the applicant with an accommodation the applicant needs for religious reasons. However, in so holding, … Continue reading

Current status of legal protections for sexual orientation and gender identity in employment

By Dennis Jackson (US) on June 24, 2015 Posted in Discrimination and harassment, United States

As the workforce becomes more and more diverse, sexual orientation and gender identity have become very hot topics in discussions regarding employee rights. It may be surprising to learn that neither is considered a protected class under current federal employment discrimination law in the United States. At last count, however, 32 states, including the District … Continue reading

Headwinds and headscarves – Charting a prudent course for employers in the wake of EEOC v. Abercrombie & Fitch

By Barbara D'Aquila and Margaret Rudolph (US) on June 8, 2015 Posted in Discrimination and harassment, United States

On June 1, 2015, the Supreme Court of the United States, in EEOC v. Abercrombie & Fitch Stores, Inc., held that an employer need not have actual knowledge of the need for religious accommodation to be liable for a hiring decision if the employer refuses to accommodate a perceived need for a religious accommodation. The … Continue reading

Check state and local laws…

By James Hughes on May 15, 2015 Posted in United States

When lawyers advise on federal law, they frequently conclude with a warning to check state or local law for additional requirements. This probably strikes most readers as boilerplate. It is a warning that is probably ignored as often as it is followed. However, it is a warning that should be heeded. Take the state of Missouri, … Continue reading

Must employers separate themselves from long-used separation agreement forms?

By Jason Jordan on October 15, 2014 Posted in United States

Recently, a federal judge dismissed an action the EEOC filed against CVS Pharmacy, Inc, in which the EEOC challenged several terms in CVS’s standard separation agreement. (See Mem. Op. & Order, Equal Emp’t Opportunity Comm’n v. CVS Pharmacy, Inc., No. 1:14-CV-863 (N.D. Ill. Oct. 7, 2014)). The EEOC asserted that the terms in CVS’s standard … Continue reading

Are scholarship football players employees? NLRB to hear appeal and take comments

By Barbara D'Aquila and Margaret Rudolph (US) on June 30, 2014 Posted in United States

Earlier this year, the Regional Director of Region 13 of the NLRB found that scholarship football players at Northwestern University are “employees” under Section 2(3) of the National Labor Relations Act. Northwestern University v. College Athletes Players Association, Case 13-RC-121359 (N.L.R.B. Mar. 26, 2014). The Regional Director’s decision turned largely on the amount of control … Continue reading

EEOC takes aim at CVS, examining common separation agreements

By James Hughes on April 25, 2014 Posted in United States

In what appears to be a test case by the EEOC, CVS Pharmacy is facing a surprising attack on its use of a standard separation agreement. Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., No. 1:14-CV-863 (N.D. Ill.). The EEOC’s complaint—filed on February 7, 2014, in the Northern District of Illinois—accuses CVS of engaging in … Continue reading