Tag Archives: Title VII

EEOC Issues Guidance on Criminal Background Checks

The EEOC issued Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964 in April of 2012, in light of significant recent rulings against employers related to criminal background checks. The guidance does not prohibit criminal background checks, but rather it requires […]

What Not to Wear: The EEOC Guides Employers on Religious Dress and Grooming Practices

by Elan Cameron On March 6, 2014, the Equal Employment Opportunity Commission (EEOC) released additional guidance on religious accommodations under Title VII of the Civil Rights Act of 1964 (Title VII), specifically on issues of religious garb and grooming in the workplace. The guidance requires employers to make exceptions to their usual workplace policies to […]

California S.B. 292: Sex-Based Harassment Claims No Longer Require Sexual Desire Element

by Daniel Clark In response to Kelley v. Conco Companies, in which the California Court of Appeal affirmed the dismissal of a same-sex sexual harassment claim for lack of proof that the harassment was “an expression of actual sexual desire or intent,” the state legislature approved and Governor Brown signed S.B. 292, which will revise […]

Supreme Court Revisits Title VII

by Eileen Lohmann, Online Editor On June 24, the United States Supreme Court handed down rulings in two cases involving employment discrimination claims under Title VII of the Civil Rights Act of 1964, each of which resulted in a five-to-four decision for the employer. First, in University of Texas Southwestern Medical Center v. Nassar, a […]

Fifth Circuit to Weigh in on Sexual Stereotyping Claims Under Title VII

By Carter Meader The Fifth Circuit has granted the EEOC’s petition for rehearing en banc for Equal Employment Opportunity Commission v. Boh Brothers Construction Co., No. 11-30770.  The announcement comes approximately nine months after the original Fifth Circuit panel overturned a verdict in favor of the Plaintiff, Kerry Woods.  The Fifth Circuit en banc panel […]

Game Time for Civil Rights: Gender & Age Discrimination in the Professional Sports Industry is on the Table Again

By Lorna Lunney Less than a month after a major $3 million dollar gender discrimination suit filed against the NBA, the issue is now at the forefront of the NFL with a case filed against Detroit Lions Inc..  Kimberly Doverspike, 49, filed a complaint on October 31 in the Wayne Circuit Court with claims of […]

Gender Discrimination in the NBA: A Demonstration of a Larger Problem

Fitting into this election season’s discussion of women’s rights, the NBA is facing a three million dollar gender discrimination suit. Longtime NBA employee Brynn Cone is suing the National Basketball Association, Inc., NBA Entertainment, Inc., and NBA Properties, Inc., alleging she was underpaid, under-promoted, and ultimately forced out of the organization because of her gender, […]

California Domestic Worker Bill of Rights Passes CA State Assembly

California is attempting to follow in the footsteps of states such as New York and guarantee Domestic Workers basic labor protections, including overtime pay, meal and rest breaks and adequate sleeping conditions for live-in workers.   A.B. 889, 2011-2012 Cal. St. Assemb. Reg. Sess. (Ca. 2012). In 2011 the New York Legislature passed a Domestic Workers […]

The Supreme Court To Define Supervisor For Purposes of Title VII

In a case that could have far reaching implications for employers, the Supreme Court has agreed to hear Vance v. Ball State University, a case in which the Court will define “supervisor” for purposes of determining an employer’s liability for harassment under Title VII. Title VII of the Civil Rights Act of 1964, prohibits employment […]

Illegal Aliens Are Not A Protected Class Under Title VII

Title VII  of the Civil Rights Act of 1964 clearly prohibits discrimination on the basis of race, color, religion, sex, or national origin.  Recently the Court of Appeals for the Seventh Circuit held that national origin is not the same as alienage status, and is not protected by Title VII.  As a result, the court […]