Tag: Title VII of the Civil Rights Act of 1964

Where’s the Harm? Court Splits on Title VII Liability for Lateral Transfers

Recently, the influential U.S. Circuit Court of Appeals for the District of Columbia. Circuit ruled that denial of a lateral transfer request based on protected status is actionable under Title VII of the Civil Rights Act of 1964 without proving additional harm, such as a change in pay or benefits. Though circuit courts are split […]

EEOC Warns of Higher Risk of Caregiver Discrimination in Changing World, Workplace

The COVID-19 pandemic placed a spotlight on the challenge of juggling work and personal obligations, including coordinating the demands of virtual learning, school closures, and other scheduling issues. Even as the pandemic evolves to become endemic, it may still have a lingering effect on the lives of workers who need to juggle hybrid school schedules […]

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 Are the provisions violated when a prospective employee’s job offer is briefly rescinded and then reinstated?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 […]