Tag: Title VII

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 […]

Sexual Orientation

The Open Question of Discrimination Based on Sexual Orientation

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. Throughout the country, courts have reached different conclusions about whether Title VII’s “on the basis of sex” language prohibits discrimination based on sexual orientation and gender identity.

Even Among Friends, Office Affair Is OK … Until It Isn’t

This September will mark the 25th anniversary of the premier of Friends. It is hard to believe that it has been 25 years since we all pulled up a couch to relax at Central Perk and watch Monica, Rachel, Phoebe, Ross, Chandler, and Joey navigate their 20s in New York City. For this “episode” of […]

Facebook Post Lands HR Manager in Hot Water

Building on its reassertion that Title VII doesn’t cover sexual orientation, the federal appeals court in New Orleans recently ruled there is no protection for employees who complain about perceived sexual orientation bias either. An HR manager who posted her opinions on Facebook about a man trying on a dress—and was subsequently fired for unsatisfactory […]

New guidance shifts federal policy on religious liberty in employment

New guidance from Attorney General Jeff Sessions on religious liberty in employment “signals a shift in federal employment law and policy,” according to an attorney who focuses on employment law. Sessions issued the new guidance to all administrative agencies and executive departments on October 6. It identifies 20 principles that administrative agencies and executive departments […]

Sessions memo changes DOJ position on transgender discrimination

by Tammy Binford U.S. Attorney General Jeff Sessions’ announcement changing his department’s position on transgender employment discrimination marks a change in the legal landscape, but it doesn’t alter employer obligations under various state and local laws or the position taken by other federal agencies. In an October 4 memo to U.S. attorneys titled “Revised Treatment […]