Law and the Workplace

Tag Archives: title VII

Texas District Court Holds EEOC Guidance on Sexual Orientation and Gender Identity Discrimination Unlawful

By Evandro Gigante, Laura Fant, Arielle E. Kobetz and Dakota D. Treece on Posted in Discrimination, Harassment and Retaliation
EEOC sealOn October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC, Case No. 2:21-cv-00194-Z. Background As we previously reported, on June 15, 2020, … Continue Reading

EEOC Releases New Guidance on COVID-related Caregiver Discrimination

By Evandro Gigante, Laura Fant and Raymond Arroyo on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On March 14, 2022, the EEOC released new guidance regarding caregiver discrimination and the COVID-19 pandemic, in light of many workplaces returning to in-person work. The new guidance supplements earlier guidance regarding the treatment of workers with caregiving responsibilities. The new guidance reiterates that while the status of being a caregiver is not a protected … Continue Reading

7th Circuit Reverses Denial of Class Certification for Disparate Impact Subclasses

By Steven J. Pearlman, Edward Young and Alyssa M. Cook on Posted in Class/Collective Action
Seventh Circuit SealOn January 6, 2022, the Seventh Circuit Court of Appeals held that the U.S. District Court for the Northern District of Illinois erred in denying class certification to putative subclasses of unsuccessful Black job applicants who alleged that hiring exams used by the Cook County Department of Corrections (“DOC”) resulted in a disparate impact on … Continue Reading

EEOC Issues Additional Guidance on COVID-19 Vaccines

By Evandro Gigante, Harris Mufson, Abigail Rosenblum, Alex Downie and Julia Hollreiser on Posted in Accessibility & Accommodation, Coronavirus, Workplace Safety
On May 28, the EEOC issued updated and expanded guidance for employers, addressing many unanswered questions regarding COVID-19 vaccinations. The updates supplement prior EEOC guidance and focus on four topics: (1) mandatory vaccination policies; (2) accommodations; (3) information about employee vaccination status; and (4) vaccine incentives. Below, we highlight the key guidance on each topic. … Continue Reading

EEOC Issues Guidance on COVID-19 Vaccines

By Abigail Rosenblum, Alex Downie, Evandro Gigante and Harris Mufson on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation
On December 16, the EEOC issued updated guidance for employers in light of the Food and Drug Administration’s (“FDA”) recent authorization of Pfizer’s COVID-19 vaccine for emergency use.  Widespread vaccinations are largely perceived as critical in returning all employees to the workplace safely and resuming normal business operations.  As such, many employers have been grappling … Continue Reading

U.S. Supreme Court Holds That Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity

By Arielle E. Kobetz, Alex Downie and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
In a 6-3 decision authored by Justice Gorsuch on June 15, 2020, the United States Supreme Court held that Title VII’s prohibition on discrimination “because of…sex” includes discrimination on the basis of sexual orientation and gender identity. Bostock v. Clayton County, No. 17-1618 (590 U.S. ___ (2020). In doing so, the Court made clear that … Continue Reading

Second Circuit Affirms Expansion of Gender Bias Class Action against Sterling Jewelers

By Jordan Glassberg and Mark W. Batten on Posted in Arbitration, Class/Collective Action, Title VII
On November 18, 2019, the United States Court of Appeals for the Second Circuit revived a potentially sweeping class action against Sterling Jewelers, Inc. (“Sterling”), holding that potentially tens of thousands of female employees could take part in an arbitration class involving claims of sex discrimination.  The Second Circuit’s holding is the latest in the … Continue Reading

U.S. Supreme Court Holds That Filing an EEOC Charge Is Not a Jurisdictional Requirement for Title VII Suits

By Arielle E. Kobetz, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration
In a unanimous decision in Fort Bend County, Texas v. Davis, the United States Supreme Court held that while an employee has a mandatory obligation to file a charge with the EEOC prior to bringing a discrimination suit under Title VII, such obligation is a procedural, rather than jurisdictional, requirement.  The key takeaway for employers … Continue Reading

SCOTUS to Decide Whether Title VII Protects Sexual Orientation and Gender Identity

By Arielle E. Kobetz, Evandro Gigante and Tony S. Martinez on Posted in Discrimination, Harassment and Retaliation
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity.  In two of the cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, the Court will consider whether Title VII’s prohibition on … Continue Reading

[Podcast]: Recent Developments in Title VII

By Harris Mufson and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Performance Management, Discipline & Termination, The Proskauer Brief Podcast, Workplace Policies and Procedures
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex discrimination under Title VII, one by the Second Circuit and the other by the Sixth Circuit. In addition, we will highlight some of … Continue Reading

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

By Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Second Circuit sealIn an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under Title VII of the Civil Rights Act of 1964 (“Title VII”). Background The case involved Donald Zarda, a gay … Continue Reading

Seventh Circuit Becomes First Federal Court of Appeals to Hold That Sexual Orientation Discrimination Is Prohibited Under Title VII

By Dana N. Berber, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
In an 8-3 en banc decision in Hively v. Ivy Tech Community College of Indiana, the Seventh Circuit has held that discrimination based on sexual orientation is a form of sex discrimination under Title VII.  In so holding, the Seventh Circuit has become the first federal appellate court to extend the protections of Title VII … Continue Reading

Second Circuit Addresses Title VII Sexual Orientation Claims And Leaves Door Ajar For Sex Stereotyping Claims

By Brett Schwab, Evandro Gigante and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Second Circuit sealIn a three-member panel decision in Christiansen v. Omnicom Group, Inc., the Second Circuit revived a homosexual employee’s claims under Title VII on the theory of sex discrimination based on sex stereotyping, but stopped short of reconsidering prior Circuit precedent holding that Title VII does not expressly prohibit discrimination on the basis of sexual orientation. … Continue Reading

Second Circuit Holds That Non-Supervisory Employee’s Retaliatory Intent May Be Imputed to an Employer Under Title VII

By Joseph Baumgarten and Laura Fant on Posted in Discrimination, Harassment and Retaliation
Second Circuit sealIn Vasquez v. Empress Ambulance Service, Inc., the Second Circuit adopted the “cat’s paw” theory of liability under Title VII and held that the retaliatory intent of a low-level, non-supervisory employee may be imputed to an employer where “the employer’s own negligence gives effect to the employee’s retaliatory animus and causes the victim to suffer … Continue Reading

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

By Catherine Pontoriero, Joseph O’Keefe and Esther Pak on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Litigation and Arbitration, Wage and Hour, Whistleblower
In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against Discrimination (“LAD”) litigation, arbitration, workplace injury, “Faithless Servant” Doctrine, Family Medical Leave Act, and Title VII of the Civil Rights Act of … Continue Reading

Federal Court Decision Highlights Complexities of Laws Applicable to Pregnant Employees

By Jacquelyn Weisman and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Leaves of Absences, Workplace Policies and Procedures
As the laws governing the treatment of pregnant employees and new mothers continues to evolve, one recent decision from the United States District Court for the Northern District Alabama highlights the complexities that arise from the patchwork of federal laws that apply to employees during and after pregnancy. Facts The plaintiff in Hicks v. City … Continue Reading

Second Circuit Decision Resuscitates EEOC’s Gender Discrimination Suit Against Sterling Jewelers

By Jessica Childress and Mark W. Batten on Posted in Discrimination, Harassment and Retaliation
This week, the United States Court of Appeals for the Second Circuit sharply limited employers’ ability to challenge the adequacy of the EEOC’s pre-suit investigations. The Court issued an opinion vacating a district court decision granting summary judgment to Sterling Jewelers Inc. (“Sterling”) on sex discrimination claims filed by the Equal Employment Opportunity Commission (“EEOC”). … Continue Reading

Second Circuit Clarifies Pleading Standard for Title VII Claims

By Evandro Gigante, Jenna Hayes, Nigel F. Telman and Steven Hurd on Posted in Discrimination, Harassment and Retaliation
A Second Circuit panel recently revived a former employee’s racial discrimination suit against New York City, reversing in part the Southern District of New York’s dismissal of her case. In Littlejohn v. City of New York, No.14-1395-cv (2d Cir. August 3, 2015), the panel made a number of important holdings, including on how courts should … Continue Reading

Latest EEOC Discrimination Suit Targets Employment Exam

By Daniel Saperstein and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Performance Management, Discipline & Termination, Workplace Policies and Procedures
For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”) when not “properly validated” as “job-related” and “consistent with business necessity” under the … Continue Reading

U.S. Supreme Court Holds Failure to Accommodate Religion May Be Evidence of Intentional Discrimination

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
Today the U.S. Supreme Court held in favor of the EEOC in EEOC v. Abercrombie & Fitch Store Stores, Inc. The EEOC claimed that Abercrombie violated Title VII of the Civil Rights Act of 1964 (Title VII) by refusing to hire a Muslim applicant who wears a headscarf for religious reasons.  The decision, penned by … Continue Reading

Supreme Court Concludes That EEOC Conciliation Efforts Are Reviewable by Courts

By Amanda Wiley, Katharine Parker and Steven J. Pearlman on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
On April 29, 2015, the U.S. Supreme Court unanimously concluded that the Equal Employment Opportunity Commission’s (EEOC) efforts to conciliate a matter before filing suit—a statutory requirement of Title VII—can be reviewed by the courts. Mach Mining, LLC. v. EEOC, No. 13-1019 (April 29, 2015). The Court reversed a Seventh Circuit ruling that the EEOC … Continue Reading

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

By Katharine Parker on Posted in Accessibility & Accommodation, Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
On Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA). Young, a UPS driver, claimed that UPS intentionally discriminated against her by refusing to accommodate her pregnancy-related lifting restriction by transferring her to a … Continue Reading

Fourth Circuit Affirms Summary Judgment against EEOC in Background Check Suit

By Daniel Saperstein and Katharine Parker on Posted in Hiring/Background Checks, Litigation and Arbitration, Workplace Policies and Procedures
Last week, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2015), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the defendant’s use of credit and criminal background checks had a “disparate impact” on African-American job applicants in violation of Title … Continue Reading

Anti-Discrimination and Anti-Retaliation Policies Save Employer from $3.5 Million Punitive Damages Award

By Evandro Gigante and Kristine Huggins on Posted in Discrimination, Harassment and Retaliation, Litigation and Arbitration, Workplace Policies and Procedures
On January 7, 2015, the U.S. District Court for the District of Puerto Rico issued an opinion overturning a jury’s $3.5 million punitive damages award for retaliation claims brought under Title VII and Puerto Rico law, finding that the defendant employer had demonstrated that it had made good faith efforts to implement anti-discrimination and anti-retaliation … Continue Reading
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