News & Analysis as of

Employee Rights Hiring & Firing Title VII

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Bodman

Supreme Court Eliminates “Background Circumstances” Test for Title VII Claims

Bodman on

In a unanimous decision, the United States Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for non-minority groups under Title VII of the Civil Rights Act of 1964....more

Dinsmore & Shohl LLP

SCOTUS Just Made it Easier for Employees to Bring “Reverse Discrimination” Lawsuits

Dinsmore & Shohl LLP on

On June 5, 2025, the United States Supreme Court unanimously rejected the Sixth Circuit’s rule, which required plaintiffs of a majority group to satisfy an additional burden as part of establishing a prima facie case of Title...more

Amundsen Davis LLC

Breaking News: U.S. Supreme Court Makes It Easier for Employees to Prove “Reverse Discrimination”

Amundsen Davis LLC on

Hune 5th, the U.S. Supreme Court clarified in the case of Ames v. Ohio Dept. of Youth Services, that “the standard for proving disparate treatment under Title VII does not vary based on whether or not the plaintiff is a...more

Constangy, Brooks, Smith & Prophete, LLP

Dads have workplace rights, too -- with a twist.

Dad-of-seven will go to jury on religious discrimination. This sounds like the kind of thing that might happen to a woman, but this time it (allegedly) happened to a man. A devout Catholic man (we'll call him "Dad") was...more

Keating Muething & Klekamp PLL

PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis

Over the course of the last year, employers have faced increased claims from employees testing what constitutes an actionable adverse action under the anti-discrimination provision of Title VII of the Civil Rights Act of 1964...more

Constangy, Brooks, Smith & Prophete, LLP

Trump fired an EEOC Commissioner. You won't BELIEVE what happened next!

Then again, you might. Jocelyn Samuels was initially appointed to be a Commissioner on the U.S. Equal Employment Opportunity Commission by President Trump, and then she was reappointed by President Biden. Not long after...more

Mayer Brown

DOJ and EEOC Issue Guidance Regarding “Unlawful DEI-Related Discrimination”

Mayer Brown on

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

Jackson Lewis P.C.

Ensuring Employee Selection Procedures Comply with California Law

Jackson Lewis P.C. on

California’s Fair Employment and Housing Act (FEHA) prohibits discrimination both in the selection of employees and during employment based on certain protected characteristics. Federal law provides similar protections under...more

BakerHostetler

Trump Administration Issues Guidance on ‘Unlawful DEI-Related Discrimination’ in the Workplace

BakerHostetler on

In a follow-up to our previously published article concerning what steps employers should take in the wake of President Donald Trump’s efforts to end illegal DEI discrimination, we note that the federal government has since...more

Constangy, Brooks, Smith & Prophete, LLP

7 strikes, and this employer is OUT!

Employer going to trial in age discrimination case. We had a blizzard last Friday (in North Carolina, 2 inches is a blizzard), and we still have ice and snow on the ground a week later. Anyway, I've had enough of winter now...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TCI of Alabama for Sex Discrimination

Federal Agency Charges Alabama Recycler Refused to Hire Females for Laborer Positions - BIRMINGHAM, Ala. – Delaware-based TCI of Alabama, LLC, a recycler of large items such as transformers and electrical equipment,...more

Troutman Pepper Locke

Accommodation Requirements for Pregnant Employees Are Similar to ADA Protections

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Q: Does the federal Pregnant Workers Fairness Act (PWFA) require workplaces to change their accommodation and leave practices in a significant way?...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2020

This edition of Employment Flash summarizes key employment law issues related to COVID-19 as well as two seminal U.S. Supreme Court rulings that protect gay and transgender employees from discrimination, and clarify the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

U.S. Equal Employment Opportunity Commission...

Orlando Float to Pay $27,000 to Settle Pregnancy Discrimination Suit

Massage Therapy Company Fired Employee Because She Was Pregnant, Federal Agency Charged - ORLANDO, Fla. - Azul Wellness, LLC, doing business as Orlando Float, and Orlando massage therapy company, will pay $27,000 and...more

Seyfarth Shaw LLP

5 Key Trends For Workplace Class Action Litigation For 2019: Trend #3 Governmental Enforcement Litigation Trends In 2019

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Seyfarth Synopsis: The third key trend from our 16th Annual Workplace Class Action Litigation Report involves governmental enforcement litigation, including an overview of priorities and filings by the EEOC, the U.S....more

U.S. Equal Employment Opportunity Commission...

Nix Hospital Settles EEOC Pregnancy Discrimination Suit

Hospital Refused to Accommodate and Terminated Pregnant Worker, Federal Agency Said - SAN ANTONIO, Texas - Nix Hospitals System, LLC, doing business as Nix Healthcare System, a provider of comprehensive medical services,...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Seyfarth Shaw LLP

Having Your Cake And Eating It Too: Sixth Circuit Rules That Employees Need Not Return Severance Pay Before Suing

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

U.S. Equal Employment Opportunity Commission...

Pruitthealth Sued by EEOC For Pregnancy Discrimination

Raleigh Nursing and Rehabilitation Center Refused to Accommodate Pregnant Nursing Assistant and Forced Resignation, Federal Agency Charges - RALEIGH, N.C. - PruittHealth-Raleigh, LLC, a Georgia corporation doing business...more

Bowditch & Dewey

Attorney General Reverses DOJ Policy On Protection Of Transgender Employees Under Title VII

Bowditch & Dewey on

On October 4, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys announcing a new Department of Justice policy that Title VII of the Civil Rights Act of 1964 does not protect employees from...more

Proskauer Rose LLP

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

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Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

FordHarrison

Puerto Rico Issues Comprehensive Labor Law Reform

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On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Cozen O'Connor

Lessons Employers Can Learn from Kentucky Clerk’s Same-Sex Marriage License Dispute

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Almost every day the news carries an additional story about Kim Davis, the Rowan County, Kentucky clerk who has defied the Supreme Court by refusing to issue marriage licenses to same-sex couples. The Kim Davis story may be...more

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