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Discrimination › Appeals › Equal Employment Opportunity Commission (EEOC)

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Bradley Arant Boult Cummings LLP

Litigate or Arbitrate? Sixth Circuit Decision Looks at Timing of Sexual Harassment Claim

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Can you compel arbitration with an employee who is alleging sexual harassment? You may recall that in 2022, Congress enacted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), which precludes...more

Parker Poe Adams & Bernstein LLP

Supreme Court to Hear Reverse Discrimination Appeal

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A few months ago, we published an alert noting that the U.S. Supreme Court had agreed to hear Ames v. Ohio Department of Youth Services. The case addresses whether plaintiffs alleging reverse discrimination under Title VII...more

Holland & Hart LLP

Tenth Circuit Weighs in on Reductions in Force: Takeaways for Employers

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The Tenth Circuit affirmed summary judgment in favor of Spirit AeroSystems in a discrimination case related to a 2013 reduction-in-force (RIF). The plaintiffs had alleged that the company targeted older workers in a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Cautions Employers on Deciding Legitimacy of Workers' Religious Beliefs

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During the COVID-19 pandemic, many employers established internal procedures to evaluate employees' requests for religious and medical-based exemptions from vaccination mandates. ...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

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If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Sheppard Mullin Richter & Hampton LLP

Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

Sheppard Mullin Richter & Hampton LLP on

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context....more

Bradley Arant Boult Cummings LLP

2nd Circ. Title VII Ruling Guides On Joint Employer Doctrine

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The joint employer rule has been a hot topic in the last several years, mostly in the context of the Fair Labor Standards Act. Recall the drama of the Trump administration's narrower definition of a joint employer for...more

Butler Snow LLP

Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation

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Federal law (as well as many states’ law) forbids an employer from retaliating against an employee who engages in protected activity, such as complaining of unlawful discrimination. One way that many employees seek to...more

Parker Poe Adams & Bernstein LLP

U.S. Justice Department Argues Against EEOC Position Protecting Transgender People

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Earlier this year, the Equal Employment Opportunity Commission persuaded the Sixth Circuit Court of Appeals that a funeral home’s termination of a transgender employee violated Title VII’s prohibition against sex...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

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Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

Parker Poe Adams & Bernstein LLP

Tenth Circuit Allows Discrimination Claim to Proceed Despite No EEOC Charge

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Plaintiffs who want to file lawsuits alleging discrimination under federal civil rights laws such as Title VII must first file an administrative charge with the Equal Employment Opportunity Commission before proceeding to...more

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

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

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

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Dorsey & Whitney LLP

It ain’t Over ’til it’s Over (and Even Then, it Might not Be Over): How long can the EEOC Continue Investigating – after Issuing a...

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EEOC charges are a fact of life for employers. Even with comprehensive equal employment policies, top-notch human resources personnel, and a great workplace culture, many employers will at some point encounter a charge of...more

FordHarrison

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

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Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Seyfarth Shaw LLP

Eleventh Circuit Declines EEOC’s Invitation To Expand Race To Include Personal Expression Or Cultural Characteristics

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Seyfarth Synopsis: After a black woman’s employment offer was rescinded because she refused to cut off her dreadlocks in violation of a company grooming policy, the EEOC sued under Title VII for discrimination on the basis...more

Bradley Arant Boult Cummings LLP

School of Hard (Dread) Locks: EEOC Loses Appeal Over Hairstyle Ban

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Last week the Eleventh Circuit Court of Appeals affirmed a lower court’s dismissal of a case the EEOC filed over a job applicant’s short dreadlocks. In 2010, Chastity Jones, an African American, applied for a position with...more

Parker Poe Adams & Bernstein LLP

Supreme Court Agrees to Review EEOC's Obligation to Pay Employer's Attorneys Fees

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Over the past several years, the Equal Employment Opportunity Commission has taken a decidedly more aggressive position with regard to litigation against employers accused of discrimination. The EEOC has brought a number of...more

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

Trial Court’s Dismissal of Sexual-Orientation Discrimination Claim Was Proper Says Divided Missouri Court of Appeals

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In Pittman v. Cook Paper Recycling Corp., WD 77973 (Mo. App. W.D. Oct. 27, 2015) a divided panel of the Missouri Court of Appeals for the Western District affirmed the dismissal of an employee’s claim of discrimination based...more

Mintz - Employment, Labor & Benefits...

Mach Mining Continuing to Make its Mark: Second Circuit Holds that Review of EEOC Pre-suit Investigation Extremely Limited

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An appeals court just made it harder for employers to challenge lawsuits against them by the Equal Employment Opportunity Commission on the basis that the EEOC failed to properly investigate the alleged wrongdoing before...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

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Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more

Hinshaw & Culbertson LLP

Supreme Court Permits Employers to Seek Review of EEOC's Conciliation Efforts

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On April 29, in a relatively employer-friendly decision, the U.S. Supreme Court determined that the EEOC's conciliation efforts are subject to judicial review....more

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

Fifth Circuit Adopts Standard in Disability Cases That Will Make it Harder for Employers to Obtain Summary Judgment

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In Equal Employment Opportunity Commission v. LHC Group Inc., the Fifth Circuit Court of Appeals evaluated a trial court’s grant of summary judgment to an employer on an employee’s disability discrimination claims. In...more

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

Ninth Circuit Defends Employer’s Discharge of Worker With a History of Intimidation and Threats

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Curley v. City of North Las Vegas, No. 12-16228 (December 2, 2014): The Ninth Circuit Court of Appeals recently affirmed a judgment against a worker who claimed that he was fired because of his hearing impairment in violation...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Allows Title VII Suit Against Franchisor to Proceed Even Though It Was Not Named in EEOC Charge

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In order to sue under Title VII, plaintiffs must first file an administrative charge of discrimination against their employer with the Equal Employment Opportunity Commission. In many cases, the charge misnames the actual...more

U.S. Equal Employment Opportunity Commission...

Appeals Court Upholds Jury Verdict and All Relief Awarded Against A.C. Widenhouse in EEOC Race Harassment Case

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Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WASHINGTON - In the latest of a series of successes in the U.S. Equal Employment Opportunity...more

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