Tag: Title VII of the Civil Rights Act of 1964

What EEOC’s recent lawsuit over parental leave means for employers

by Jessica A.H. Howell The Equal Employment Opportunity Commission (EEOC) is a federal agency that administers and enforces civil rights laws when individuals claim workplace discrimination. Recently, the EEOC filed suit against a cosmetics company for implementing and administering parental leave benefits in a discriminatory manner based on sex. The lawsuit is the first of […]

Oklahoma jury awards transgender worker $1.165 million in bias suit

by Charlie Plumb The courts, the U.S. Department of Justice (DOJ), and the Equal Employment Opportunity Commission (EEOC) hold differing views on whether Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or sexual identity. Nevertheless, on November 20, an Oklahoma City federal court jury awarded a transgender […]

LGBT

Deciphering the feds’ changing position on LGBT employment protections under Title VII

by Molly DiBianca In a memo issued on October 4, 2017, U.S. Attorney General Jeff Sessions formally declared that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on transgender status. The memo directly conflicts with the position of the Equal Employment Opportunity Commission (EEOC), which has long argued that […]

confict

Employers in limbo as government entities differ on meaning of laws

by Burton J. Fishman When the U.S. Supreme Court opened its new term on October 2, 2017, the legal world was knocked off its axis. In a rarely seen occurrence, the solicitor general, speaking on behalf of the United States, and the General Counsel of the National Labor Relations Board (NLRB) took opposing positions on […]

Employers, beware: Facility issues may result in violations of Title VII

by Jacob M. Monty Many employers are aware of the serious problems that can arise if workers and supervisors engage in racially or sexually motivated taunts and speech. However, few employers realize that they may need to worry about the design and condition of their facilities. The facilities of a now-closed Sara Lee factory in […]

Diversity

Employers look to ‘culture of inclusiveness’ in era of expanding LGBT rights

Inclusiveness, civility, respectful treatment: Those are all concepts getting a lot of attention as employers struggle to cope with what seems like an increasingly divisive culture often threatening to bleed over into the workplace.  A changing legal landscape also must be considered as employers strive for productive and nondiscriminatory working environments. For example, a landmark […]

Stage is set for SCOTUS to rule on Title VII and sexual orientation

by Ryan B. Frazier Since the civil rights movement of the 1960s, state and federal laws have been enacted to prohibit employment discrimination against individuals on the basis of their race, ethnicity, age, disability, religion, and gender. Until recently, virtually none of those antidiscrimination laws covered employment discrimination based on sexual orientation or gender identity. […]

FEHA

Americans first: Preference for foreign workers can run afoul of federal laws

by Jacob M. Monty Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico […]

EEOC maintains steady position on transgender employees’ rights

by JW Furman With all the attention given to President Donald Trump’s recent removal of the Obama administration’s protection for transgender bathroom access, it’s important to remember that the action applies only to public school students. For employers, the issue remains as unsettled as ever.  There’s no reason to believe that the Equal Employment Opportunity […]

VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

by Rachael L. Loughlin Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump […]