Tag Archives: Title VII

EEOC Decides to Peel the “Onionhead” on Religious Discrimination

Ver la versión en español aquí Why would an employer force its employees to tell each other “I love you” or require employees to “thank God for their employment”? According to a lawsuit filed by the EEOC in New York federal court, the owners of United Health Programs of America and Cost Containment Group subscribe … Continue Reading

Gender Identity/Transgender Discrimination: A New Federal Enforcement Priority

Ver la versión en español aquí Title VII does not protect against sexual orientation discrimination (though many state and local laws do). The battle to amend this most prominent of employment laws to protect sexual orientation has been waged for years, unsuccessfully. Yet, seemingly overnight, issues of gender identity or transgender discrimination have leapfrogged to … Continue Reading

With Hiring on the Rise, Employers Should Review and Update Old Job Applications

Ver la versión en español aquí Earlier this month, the U.S. Bureau of Labor Statistics reported that the unemployment rate dropped to 5.9 percent, the lowest it’s been since July 2008, and employers added 248,000 new jobs to their payrolls. Given the uptick in hiring, it is a good time for employers to review their … Continue Reading

Mandatory Arbitration Agreement Designed to Avoid Court is Now the Source of an EEOC Lawsuit

Ver la versión en español aquí Mandatory arbitration agreements can reduce litigation. However, for at least one large employer, the arbitration agreement itself has created litigation. Last week, the EEOC sued restaurant franchise operator, Doherty Enterprises, Inc. claiming that the company’s practice of requiring employees to sign a mandatory arbitration agreement violates Title VII. Doherty … Continue Reading

Religious Discrimination: The Balance Between Protecting Customer Relations and Making Employee Accommodations

Ver la versión en español aquí A bank teller in Kentucky recently sued her employer claiming that she was fired from her job for telling every customer she met to “have a blessed day.” She was just being polite, right? Well, the bank alleges that several customers were offended by the teller’s comment. The teller also … Continue Reading

Hand Scanning and Religious Discrimination

While we would never disparage anyone’s sincerely held religious beliefs, we did not see this one coming.  The Equal Employment Opportunity Commission (EEOC) recently filed suit in federal court in West Virginia claiming that the use of a hand scanning time clock violated an employee’s rights under Title VII of the Civil Rights Act of … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading

Fifth Circuit Reverses Trial Court and Says Title VII Covers Lactating Moms

A little over a year ago we blogged about a Texas federal trial court ruling that Title VII did not cover lactation in the case EEOC v. Houston Funding II, Ltd..  Click here for link to post.  Now, the Fifth Circuit Court of Appeals, which has jurisdiction over Texas, has reversed the trial court and … Continue Reading

EEOC Updates Enforcement Guidance on Use of Arrest and Conviction Records in Employment Decisions

The Equal Employment Opportunity Commission (“EEOC”) issued updated enforcement guidance in light of recent court decisions on the use of arrest and conviction records in making employment decisions.  The EEOC Enforcement Guidance can be found here.  The guidance is not binding on employers but the EEOC will be enforcing Title VII with the guidance in … Continue Reading

EEOC Says Transgender Workers Are Protected from Discrimination Under Title VII

As we blogged about in December, the federal Eleventh Circuit Court of Appeals (which covers Florida, Georgia and Alabama) recently found that transgender employees are protected against job discrimination pursuant to the Equal Protection Clause, which only applies to public sector employees.  Whether or not the same protection was available under Title VII, which applies … Continue Reading

Title VII Retaliation Does Not Cover Complaints About Investigatory Process

In a recent decision, the Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled that an employee who was terminated after complaining about the way her employer conducted a sexual harassment investigation did not have a claim for retaliation under Title VII.  Brush v. Sears Holdings Corp. is interesting because the plaintiff, Brush, … Continue Reading

Texas Court Says Title VII Does Not Cover Breastfeeding, but Employers Should Be Mindful of Florida Law and the FLSA Protecting Nursing Mothers

A federal court in Texas recently rejected the Equal Employment Opportunity Commission’s attempt to bring a Title VII claim on behalf of a worker who claimed she was fired because she wanted to breastfeed at work. Title VII prohibits employers from discriminating on the basis of gender, pregnancy, childbirth, and related medical conditions. The Texas … Continue Reading

Federal Court to Georgia: Transgender Employees Are Protected

Last week, the federal Eleventh Circuit Court of Appeals (which covers Florida, Georgia and Alabama) ruled in favor of Vandiver Elizabeth Glenn, an employee who was fired after informing her employer, the Georgia Legislature, that she was a transsexual and planned on undergoing a complete gender transformation from male to female.  Glenn sued the Georgia … Continue Reading

Obama’s Proposed Jobs Bill Makes it Unlawful to Consider an Applicant’s Status as Unemployed

On September 8, 2011, President Obama presented to Congress the “American Jobs Act.”  Buried in the proposed bill is a section called the “Fair Employment Opportunity Act of 2011,” making it unlawful for employers with 15 or more employees and employment agencies to discriminate against job applicants based on their status as unemployed. If passed, the … Continue Reading
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