News & Analysis as of

Corporate Counsel Title VII Sex Discrimination

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

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Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Kelley Drye & Warren LLP

Recent Settlement Latest in Developing Trend in Reverse Discrimination Cases

It was announced on July 7 that IBM had resolved a former consultant’s ​“reverse” discrimination claim for an undisclosed sum, closing the door on his Title VII race and sex discrimination lawsuit. This settlement is yet...more

Bradley Arant Boult Cummings LLP

Yes, Menstrual Cramps May Qualify as a Disability Under ADA

If a qualified job candidate asks to reschedule a second-round interview due to severe menstrual cramps associated with endometriosis, is that a request for an accommodation under the Americans with Disabilities Act? If you...more

Littler

Littler Lightbulb – April Employment Appellate Roundup - May 2025

Littler on

Fifth Circuit Affirms Judgment for Employer on Title IX and Title VII Retaliation Claims - In Lewis v. Board of Supervisors of LSU, __ F.4th __ (5th Cir. Apr. 8, 2025), a former employee of a university football department...more

Fisher Phillips

Federal Judge Scraps Biden EEOC’s Gender Identity Guidance: Here’s What It Means for the Workplace

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A federal judge in Texas just ruled that the Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing enforcement guidance requiring bathroom, dress, and pronoun accommodations. In Thursday’s order...more

Constangy, Brooks, Smith & Prophete, LLP

Can you take action against an employee for being a pain in the you-know-what?

At least one court says yes. True confession: When I was a little future lawyer, I was sometimes a pain. (So, Robin, you’re saying your personality hasn't changed in all these years?) When I was being especially “high...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Follow Policies Prevents Early Dismissal of Discrimination Claims

Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more

Foley & Lardner LLP

Shifting Views on Paid Administrative Leave

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Employers often place employees on paid administrative leave while they investigate accusations of employee misconduct or make decisions regarding the employees’ employment. Traditionally, most federal courts agreed that this...more

Fisher Phillips

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

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A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

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

Supreme Court Rules Employees Need Not Show Transfer Caused ‘Significant’ Harm For Title VII Claims

On April 17, 2024, the Supreme Court of the United States held that an employee challenging a job transfer in an unlawful employment discrimination claim under Title VII of the Civil Rights Act of 1964 must show that the...more

Tucker Arensberg, P.C.

Is the Supreme Court about to expand employer liability under Title VII, and could its decision hamper DEI initiatives?

Tucker Arensberg, P.C. on

To prevail on a discrimination claim under Title VII and similar anti-discrimination laws, the employee bringing suit must prove that he or she suffered an “adverse employment action” because of a legally protected...more

Fisher Phillips

SCOTUS Predictions: Justices Will Say Lateral Job Transfers Can Be Unlawful - But Ruling Will Be Limited

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The Supreme Court may soon clarify whether an employer’s decision to transfer an employee to a lateral job – with no change in pay or benefits – violates federal civil rights law if it’s done for discriminatory reasons....more

Littler

Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims

Littler on

The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases. On December 12,...more

Littler

Supreme Court Appears Ready to Hold Title VII Does Not Require a Materially Adverse Employment Action – Significant Implications...

Littler on

On December 6, 2023, the Supreme Court of the United States (SCOTUS) heard arguments in Muldrow v. City of St. Louis, Missouri—a potentially pivotal case concerning whether Title VII requires plaintiffs to establish a...more

Rumberger | Kirk

Fifth Circuit Opens the Door for Growing Discrimination Claims

Rumberger | Kirk on

A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

BakerHostetler on

On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Fisher Phillips

Can a Lateral Job Transfer Ever Be Discriminatory? Supreme Court Will Soon Weigh In

Fisher Phillips on

When is a job transfer not just a transfer? The Supreme Court will soon decide whether lateral job transfers, with no change in pay or benefits, violates federal civil rights law if done for discriminatory reasons. Read on...more

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

Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns

On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. ...more

Fisher Phillips

SCOTUS 2023 Lookback and 2024 Preview: 7 Critical Decisions All Employers Should Review and 3 New Cases to Track

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The Supreme Court’s blockbuster decisions last term dominated the headlines – and many rulings will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an...more

Husch Blackwell LLP

Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

Husch Blackwell LLP on

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual...more

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

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

​​​​​​​On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

FordHarrison

D.C. Circuit Holds Title VII Does NOT Require a Showing of Tangible Harm

FordHarrison on

Executive Summary: On June 3, 2022, an en banc panel (meaning all of the judges on the court participated) of the U.S. Court of Appeals for the D.C. Circuit issued a landmark decision holding that Title VII does not require...more

Seyfarth Shaw LLP

The Top Five Most Intriguing Developments In EEOC-Initiated Litigation In 2021 (And Our Annual EEOC Enforcement Report)

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Seyfarth Synopsis: As 2022 begins, we are pleased to present our annual selections for the five most intriguing developments in EEOC litigation during 2021, as well as our annual report on developments and trends in...more

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