News & Analysis as of

Civil Rights Act Retaliation

Ogletree, Deakins, Nash, Smoak & Stewart,...

Title VII Lawsuit in Utah Federal District Court Challenges Employee’s Firing After Making Online Posts

An in-house attorney recently sued his former employer in a Utah federal district court for discrimination and retaliation under Title VII of the Civil Rights Act of 1964, alleging he was unlawfully fired after posting social...more

Perkins Coie

Employers See Wins in Title VII Suits Over DEI Trainings

Perkins Coie on

Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Marshall Dennehey

Appellate Court Reverses Denial of Summary Judgment in FCRA Retaliation Case

Marshall Dennehey on

Washington Cnty. Sch. Bd. v. Davis, 50 Fla. L. Weekly D247 (Fla. 1st DCA Jan. 23, 2025) - A trial court’s denial of summary judgment was overturned after an appellate court found that a job applicant failed to meet the...more

Cozen O'Connor

How the EEOC/DOJ Is Defining and Investigating DEI Initiatives and What Employers Should Do

Cozen O'Connor on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued informal guidance called, “What To Do if You Experience Discrimination Related to DEI at Work.” While...more

Patterson Belknap Webb & Tyler LLP

EEOC and DOJ Issue Guidance on “Unlawful DEI-Related Discrimination” under Title VII

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) released guidance documents warning that employers’ Diversity, Equity, and Inclusion (“DEI”) policies,...more

Brooks Pierce

DOJ and EEOC Issue Statements on Administration’s Interpretation of "Illegal DEI"

Brooks Pierce on

On March 19, 2025, the United States Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents that illuminate how these federal agencies will define "illegal...more

Dorsey & Whitney LLP

EEOC and DOJ Issue Joint Press Release and Technical Assistance Documents on “Unlawful DEI-Related Discrimination”

Dorsey & Whitney LLP on

On March 19, 2025, the U.S. Equal Employment Opportunity Commission (“EEOC”) and the U.S. Department of Justice (“DOJ”) issued a joint press release announcing the release of two technical assistance documents designed to...more

Holland & Hart - Employers' Lawyers

DEI and Discrimination: What Employers Should Know

Warning of unlawful DEI-related discrimination in the workplace, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) issued guidance this week outlining when a DEI initiative, policy,...more

DCI Consulting

EEOC and DOJ Release Technical Guidance on “Illegal” DEI

DCI Consulting on

On March 19, 2025, the Equal Employment Opportunity Commission (EEOC) and Justice Department issued a press release and two technical assistance documents focused on educating employers, employees, and the public about the...more

ArentFox Schiff

EEOC and DOJ Issue Guidance on DEI-Related Discrimination

ArentFox Schiff on

On March 19, the US Equal Employment Opportunity Commission (EEOC) and the US Department of Justice (DOJ) released two technical assistance documents focused on educating the public about “unlawful discrimination” related to...more

Morgan Lewis

EEOC and DOJ Issue Guidance on Discrimination Related to DEI under Title VII

Morgan Lewis on

The US Equal Employment Opportunity Commission (EEOC) and US Department of Justice (DOJ) issued two guidance documents on March 19, 2025 detailing their views on discrimination related to diversity, equity, and inclusion...more

Constangy, Brooks, Smith & Prophete, LLP

7 tips for employers about DEI programs

From the feds. This week, the U.S. Equal Employment Opportunity Commission and the Department of Justice issued technical assistance materials on diversity, equity, and inclusion initiatives, including one document titled...more

Orrick, Herrington & Sutcliffe LLP

New Jersey Division on Civil Rights finds probable cause in discrimination, retaliation case

Recently, the New Jersey Division on Civil Rights issued a finding of probable cause by regarding a complaint of unlawful discrimination and retaliation. A finding of probable cause “is not an adjudication on the merits....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Taco Bell Franchisees for Sexual Harassment and Retaliation

Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more

CDF Labor Law LLP

Employee Replaced by White Male Coupled With Employer’s Poor Investigation Fuels Disparate Treatment Claim

CDF Labor Law LLP on

In Lui v. DeJoy, the Ninth Circuit held that a woman of Chinese ethnicity’s demotion, when coupled with a white male replacing her position, gave rise to an inference of discrimination. The employer’s investigation into the...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Maynard Nexsen

SCOTUS to Review the “Background Circumstances” Heightened Pleading Standard in Reverse Discrimination Cases

Maynard Nexsen on

On October 4, 2024, the Supreme Court of the United States granted a writ of certiorari,[1] agreeing to hear arguments in Ames v. Ohio Department of Youth Services, a Sixth Circuit case that seeks to determine whether the...more

Offit Kurman

It Ends with Us, But Continues in Court: Blake Lively and Justin Baldoni's Legal Battle

Offit Kurman on

The film “It Ends With Us” was a massive hit in 2024, grossing $350 million globally. Yet, the drama surrounding the film has shifted from the big screen to the courtroom, with a series of legal battles between its stars,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened

On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against...more

Fox Rothschild LLP

DOE’s Office for Civil Rights Releases First Retaliation Guidance in 12 Years

Fox Rothschild LLP on

The U.S. Department of Education’s (DOE) Office for Civil Rights (OCR) released a new resource that details its process for investigating retaliation claims and provides examples of cases it investigates. Released in...more

U.S. Equal Employment Opportunity Commission...

Wyoming Trucking Company to Pay $124,000 in EEOC Sexual Harassment Lawsuit

Resolves Federal Agency’s Charge of Sexual Harassment by Owner - CASPER, Wyo. – Waller’s Trucking Company, Inc., a family-owned Wyoming trucking company, will pay $124,000 and provide other relief to settle a sexual...more

Herbert Smith Freehills Kramer

Employers Required to Provide Notice Under New York State Reproductive Health Bias Law Following Second Circuit Ruling Vacating...

On Jan. 2, 2025, the U.S. Court of Appeals for the Second Circuit in CompassCare v. Hochul vacated a lower court’s injunction that had forestalled implementation of a requirement under New York’s reproductive health bias law,...more

U.S. Equal Employment Opportunity Commission...

Prosero Management and Prestigious Placement to Pay $215,000 in EEOC Harassment and Retaliation Suit

Staffing Agency and Management Group Settle Federal Charges They Subjected Female Employees to Hostile Environment at Memphis Warehouse - MEMPHIS, Tenn. – Prestigious Placement, Inc., and Prosero, Inc., will pay $215,000...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pizza Hut for Sex-Based Harassment and Retaliation

Federal Agency Charges Franchisee Fired Female Employee After Reporting Harassment - HOUSTON – Ayvaz Pizza, LLC, doing business as Pizza Hut, which operates more than 350 Pizza Hut restaurants in ten states and multiple...more

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