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Employer Liability Issues Title VII Job Promotions

Ballard Spahr LLP

Reverse Discrimination Lawsuits Are So Back

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On June 5, 2025, a unanimous Supreme Court eliminated the requirement for a higher evidentiary standard for majority plaintiffs (white, male, heterosexual, etc.) who claim discrimination under Title VII (also known as reverse...more

Troutman Pepper Locke

Supreme Court Strikes Down Sixth Circuit Rule Heightening Discrimination Standard for Members of Majority Groups

Troutman Pepper Locke on

A recent Supreme Court decision clarified that discrimination claims brought by members of majority groups in so-called “reverse discrimination” cases cannot be subject to a heightened evidentiary burden. In Ames v. Ohio...more

Gordon Rees Scully Mansukhani

SCOTUS Unanimously Rejects Heightened Burden for Majority-Group Discrimination Claims

On June 5, 2025, the U.S. Supreme Court unanimously ruled in favor of petitioner, Marlean Ames, a heterosexual woman, who commenced a reverse discrimination case against her former employer, the Ohio Department of Youth...more

Butler Snow LLP

Fifth Circuit Expands the Scope of Federal Antidiscrimination Laws

Butler Snow LLP on

On August 18, 2023, the full Fifth Circuit Court of Appeals expanded the range of negative employer actions that can serve as a basis for an employment discrimination lawsuit. This decision overruled established precedent...more

Sheppard Mullin Richter & Hampton LLP

Fifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims

Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Discrimination Claims Made by Accused Harasser

It’s not unusual to see an employee terminated or disciplined for workplace harassment to in turn file a charge with the Equal Employment Opportunity Commission, alleging that the employer’s reasons for the move were pretext...more

U.S. Equal Employment Opportunity Commission...

Alaska Gold Mine to Pay $690,000 to Settle EEOC Sex Discrimination and Retaliation Lawsuit

Gold Mine Refused to Promote Female Miner Then Retaliated When She Complained, Federal Agency Charged - FAIRBANKS, Alaska - Alaska-based Northern Star (Pogo) LLC, formerly known as Sumitomo Metal Mining Pogo, LLC, will...more

Seyfarth Shaw LLP

Rumor Has It–Workplace Gossip About Female “Sleeping Her Way To The Top” Could Be Sex Discrimination

Seyfarth Shaw LLP on

Seyfarth Synopsis: According to the 4th Circuit, a female employee who was subjected to false rumors that her promotion was a result of sleeping with the boss can levy her claim for sex-based discrimination against her...more

Seyfarth Shaw LLP

Federal Court Determines That Decision-Making By Upper Management May Allow For Certification In A Title VII Class Action

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Seyfarth Synopsis: On February 4, 2019, in Woods-Early v. Corning Corp., Case No. 18-CV-6162, a race discrimination class action, Judge Frank P. Geraci, Jr. of the U.S. District Court for the Western District of New York...more

Littler

NY Federal Court Significantly Limits Scope of Equal Pay Case

Littler on

For years, employment lawyers on both sides have disagreed on what is required to obtain class treatment in a Title VII discrimination case. ...more

Polsinelli

New York Court Rejects Class and Collective Certification in Nationwide Sex-Bias Action

Polsinelli on

On November 30, 2018, the U.S. District Court for the Southern District of New York determined that a company’s decentralized pay and promotion structure made the matter unfit for class and collective certification under...more

Seyfarth Shaw LLP

Applying Wal-Mart, Court Denies Certification Of Nationwide Title VII Class Action Asserting Framework Within Which Discretionary...

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Seyfarth Synopsis: In a major end-of-the-year ruling, employers scored a significant victory in terms of the denial of class certification in a major gender discrimination case that has been closely watched by the media and...more

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

Court Confirms Louisiana Anti-Discrimination Statute, Not Tort Law, Provides the Exclusive Basis for Employment Discrimination...

Plaintiffs have attempted a number of creative avenues to avoid the procedural and substantive limitations set forth under the Louisiana Employment Discrimination Law (LEDL), which provides a statutory scheme to address...more

U.S. Equal Employment Opportunity Commission...

Autonation-Owned Dealerships to Pay $150,000 To Settle EEOC Gender Discrimination Lawsuit

Dealership Rejected Qualified Female Employee Due to Her Sex, Federal Agency Charged - MIAMI - AutoNation-owned dealership, Abraham Chevrolet-Miami, Inc., which does business in Coral Gables, Fla. under the name...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Ferman Auto Group’s Tampa Harley-Davidson For Sex Discrimination

Dealership Passed Over Qualified Female Employee Nine Times for General Manager Position, Federal Agency Charged - TAMPA, Fla.- Ferman Automotive Group and Cigar City Motors, which owns and operates the Tampa...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Fanatics Retail Group for Race Discrimination, Harassment and Retaliation

Sports Merchandise Retailer Permitted Racist Slurs and Refused to Promote an Employee Who Complained - JACKSONVILLE, Fla. -- Fanatics Retail Group, Inc. violated federal law by subjecting employees to racial...more

Rumberger | Kirk

Eleventh Circuit Reiterates Employers' Heavy Burden Under Equal Pay Act

Rumberger | Kirk on

The Eleventh Circuit’s holding in Bowen v. Manheim Remarketing, Inc., 882 F.3d 1358 (11th Cir. 2018) reiterates an employer’s heavy burden to establish an affirmative defense in order to win summary judgment in cases alleging...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Compass Group USA For Sex Discrimination and Retaliation

Food Service Supplier for UTMB Denied Female Employee a Promotion Due to Her Sex, Federal Agency Charges - HOUSTON - Morrison Management Specialists Inc., a division of Compass Group USA Inc., unlawfully denied a...more

Seyfarth Shaw LLP

Court Refuses To Release Correctional Facility Employer From Age Discrimination Suit, But Orders The EEOC To Identify Aggrieved...

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Seyfarth Synopsis: In an ADEA action brought by the EEOC alleging that the New Mexico Department of Corrections failed to promote correctional officers over the age of 40, a federal district court in New Mexico denied the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Birmingham Beverage For Race Discrimination

Beverage Wholesaler and Distributor Refused to Promote Black Employees to Route Sales Positions, Federal Agency Charges - BIRMINGHAM, Ala. - Birmingham Beverage Co. Inc., dba AlaBev, a Delaware corporation headquartered in...more

Baker Donelson

Employers Take Note: Seventh Circuit Widens Scope of EEOC's Right to Investigate

Baker Donelson on

Earlier this month, in EEOC v. Union Pacific Railroad, No. 15-3452, F.3d (7th Cir. Aug. 15, 2017), the Seventh Circuit issued a decision regarding the scope of the EEOC's right to investigate. It determined that neither the...more

Seyfarth Shaw LLP

Massachusetts Federal Court Doubles Down On Disparate Impact Ruling Against City Of Boston

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Smith v. City of Boston, Plaintiffs brought suit against their employer, the City of Boston (the “City”), challenging the City’s police promotional exam from sergeant to lieutenant. Plaintiffs alleged...more

Nossaman LLP

Did You Know . . . Seventh Circuit Issues Landmark Decision Holding Title VII Prohibits Sexual Orientation Discrimination

Nossaman LLP on

In a landmark decision, the Seventh Circuit recently held that discrimination on the basis of sexual orientation is a form of actionable sex discrimination under Title VII of the federal Civil Rights Act of 1964. Unlike the...more

FordHarrison

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

FordHarrison on

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

Kelley Drye & Warren LLP

Seventh Circuit Reverses Decision that Title VII Doesn’t Protect Against Anti-Gay Discrimination and Agrees to Re-hear Employment...

Kelley Drye & Warren LLP on

The Seventh Circuit reversed and vacated the panel decision holding that Title VII does not protect employees from anti-gay discrimination and will re-hear the case, Hivey v. Tech Community College, en banc. Kimberly Hively...more

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