Tag: Title VII of the Civil Rights Act of 1964

5th Circuit: One Racial Slur Is Enough to Win Lawsuit

After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the employee to mental anguish and punitive damages and an award of fees to the person’s lawyer. Read on.

6th Circuit Offers Tips on Managing Workplace Harassment, Discrimination Complaints

A new decision from the U.S. 6th Circuit Court of Appeals (which covers Michigan employers) provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act of 1964. 4 Separate Incidents Alleged Ronald Burns was employed as a maintenance technician by Berry Global, […]

Temporary Rescission of Job Offer Isn’t Adverse Employment Action, 7th Circuit Rules

Federal law bans employment discrimination against current or prospective employees based on race, age, and other protected classes. Additionally, it prohibits adverse action against employees based on a consumer report unless the findings are provided to the individual. Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated? A […]

Policy Changes On Way as Bill Ending Forced Sexual Harassment Arbitration Passes

A bill being called one of the most significant workplace reforms in decades means many employers will have to change the way they handle sexual harassment claims. The bill, which passed the U.S. Senate on February 10 with bipartisan support, was led by two senators who don’t typically favor the same legislation: Democrat Kirsten Gillibrand […]

Strong Evidence Needed to Prove Race Bias When Same Person Hired, Fired Worker

Title VII of the Civil Rights Act of 1964 forbids discrimination based on numerous protected categories (e.g., race) in any aspect of employment, including hiring, firing, pay, job assignments, promotions, and any other term or condition of employment. It’s not uncommon for employees to allege discrimination based on a protected category known at the time […]

Circuit

Showing Favoritism to Paramour Isn’t Unlawful Sex Bias Under Title VII

Although supervisory favoritism toward a paramour may be unfair and ill-advised, it isn’t illegal sex discrimination under Title VII of the Civil Rights Act of 1964, according to the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Washington employers). Facts William Maner worked in a medical research laboratory operated by Dignity Health […]

Carefully Handling Adverse Action Thwarts Employee’s Retaliation Claim

Retaliation claims are the most frequently alleged basis for violations of Title VII of the Civil Rights Act of 1964 and the most common finding of wrongdoing, according to the Equal Employment Opportunity Commission (EEOC). Often, the underlying discrimination allegations will be dismissed, but a court will determine retaliation occurred.

What Employees Must Show to Prove Title VII Claims Against Federal Employers

Claims filed under Title VII of the Civil Rights Act of 1964 require employees to demonstrate several specific elements to prove race discrimination, retaliation, hostile work environment, or constructive discharge by a federal employer. To be successful, they must show an adverse employment action, intolerable working conditions, or harassment affecting their terms, conditions, or privileges […]

No Title VII Protection So Far for People “Perceived to Be” Black

Despite being the son of white Irish parents, British theater director Anthony Ekundayo Lennon appears to be a mixed-race man because of his “high cheekbones” and “curly hair.” He drew media attention recently when he claimed that as an actor, he found it easier to pursue nonwhite parts. He also changed his middle name from […]

Oscars Delve into Legal Territory with Two Words: Inclusion Rider

At the end of her Oscars acceptance speech for Best Actress this year, Frances McDormand, after having spoken about equality, concluded with the following statement: “I have two words to leave with you tonight, ladies and gentlemen: inclusion rider.” And with that, McDormand was done and making her way off stage, leaving the audience and […]