News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Split of Authority Employer Liability Issues

Foley & Lardner LLP

Employer Liability for Non-Employee Acts? Sixth Circuit Imposes High Standard and Rejects EEOC Guidance

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With its August 8, 2025, opinion in Bivens v. Zep, Inc., the U.S. Court of Appeals for the Sixth Circuit rejected the EEOC’s guidelines (and split with several other circuits) to hold that the standard for holding an employer...more

Dickinson Wright

Sixth Circuit Raises Bar for Employer Liability for Customer Harassment of Employees

Dickinson Wright on

In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more

Benesch

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

Benesch on

When is an employer liable for the harassment of an employee by a non-employee? The Sixth Circuit answered this question on Friday in Bivens v. Zep, Inc., holding that Title VII imposes liability for customer (or other...more

Fisher Phillips

Barking Up the Wrong Tree? The Legal Risks of Delaying ADA Accommodations and Best Practices to Avoid Liability

Fisher Phillips on

In a decision that may rattle employers nationwide, a federal appeals court recently revived an Army veteran’s ADA suit against her employer for delaying her request to bring a service dog to work, despite eventually granting...more

Jenner & Block

Client Alert: The Supreme Court Issues Narrow Ruling in Title VII Case, Muldrow v. City of St. Louis

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On April 17, 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, a closely watched employment discrimination case. In a unanimous opinion written by Justice Kagan, the Court reversed the Eighth...more

Fisher Phillips

Supreme Court Ruling Clears Way For $350K Religious Bias Jury Award

Fisher Phillips on

Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The...more

Miles & Stockbridge P.C.

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation...more

Snell & Wilmer

Fort Bend County v. Davis: SCOTUS Bends Employers' Defense to Title VII Claims, But Doesn't Break It

Snell & Wilmer on

On June 3, 2019, the United States Supreme Court ("Supreme Court") unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title...more

Williams Mullen

Failure to File EEOC Charge Does Not Automatically Bar Title VII Claims, Supreme Court Says

Williams Mullen on

On June 3, 2019, the U.S. Supreme Court held that an employee may be able to proceed with a federal discrimination lawsuit, even if the employee has not first filed a Charge of Discrimination with the Equal Employment...more

Eversheds Sutherland (US) LLP

SCOTUS rules exhaustion of administrative remedies is not jurisdictional – Does it matter?

On June 3, 2019, the Supreme Court issued a unanimous decision holding that Title VII’s administrative exhaustion requirement is not a jurisdictional bar to filing a lawsuit in court. The lawsuit involved an individual, Lois...more

Bricker Graydon LLP

U.S. Supreme Court limits employer defense to federal discrimination claims

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The U.S. Supreme Court recently delivered an important decision limiting an employer’s ability to dismiss federal employment discrimination lawsuits under Title VII of the Civil Rights Act of 1964. In Fort Bend County v....more

Ballard Spahr LLP

Supreme Court Rules that Employers Must Timely Raise Exhaustion of Administrative Remedies in Title VII Claims or Risk Forfeiting...

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On Monday, June 3, 2019, the U.S. Supreme Court issued a decision in Fort Bend County v. Davis, unanimously finding that Title VII’s administrative exhaustion requirement is not jurisdictional and that employers may forfeit...more

Butler Snow LLP

The Supreme Court Concludes that Title VII’s Charge Filing Requirement is not Jurisdictional

Butler Snow LLP on

On June 3, 2019, the U.S. Supreme Court concluded that the requirement set forth in Title VII to the Civil Rights Act of 1964 that a plaintiff must first exhaust her administrative remedies with the EEOC before filing suit is...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules That Employers Can Be Forced To Defend Against Actions Under Title VII Not Properly Brought Before the EEOC

Resolving a circuit split regarding the jurisdictional nature of Title VII’s charge-filing requirement—the statutory requirement that an employee who alleges that he or she has been subjected to unlawful treatment is required...more

Fisher Phillips

Employers, Beware: SCOTUS Ruling Creates Title VII Litigation Trap

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The U.S. Supreme Court unanimously ruled today that Title VII’s administrative exhaustion requirement—whereby an aggrieved employee first must file a claim with the Equal Employment Opportunity Commission (“EEOC”) or a state...more

Littler

Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

Littler on

On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a...more

Benesch

Scotus Makes Defending Job Bias Claims More Difficult for Employers

Benesch on

On June 3, 2019, the Supreme Court of the United States affirmed a decision of the 5th Circuit Court of Appeals, which held that employers in discrimination claims can waive their right to assert that the Plaintiff failed to...more

Foley & Lardner LLP

What the United States Supreme Court Holding on EEOC Charges Really Means

Foley & Lardner LLP on

On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not “jurisdictional.”  Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019)....more

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

Supreme Court Rules Title VII’s Requirement to File a Charge With the EEOC Is Not Jurisdictional

On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC)...more

Burr & Forman

U.S. Supreme Court Weakens Employer’s Procedural Defense Against Bias Suits

Burr & Forman on

On Monday, June 3, 2019, the U.S. Supreme Court unanimously ruled that federal courts can hear Title VII discrimination claims even if employees fail to first file with an administrative agency, such as the Equal Employment...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court to Hear Case on Filing Lawsuit Before Filing EEOC Charge

On January 11, the U.S. Supreme Court accepted an appeal of a Fifth Circuit Court of Appeals decision dealing with the administrative prerequisites for a plaintiff to file suit against an employer under Title VII and related...more

Skadden, Arps, Slate, Meagher & Flom LLP

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

Stoel Rives - World of Employment

Ninth Circuit Rules That Basing Employees’ Wages on Their Prior Compensation Violates the Equal Pay Act

Employers in the Ninth Circuit (which includes Washington, Oregon, California, Alaska, Idaho, Montana, Nevada, Arizona, and Hawai’i) can no longer justify pay differentials between male and female employees based upon...more

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

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

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

Parker Poe Adams & Bernstein LLP

Second Circuit Says Title VII Prohibits Sexual Orientation Discrimination

In a major decision, the full Second Circuit Court of Appeals became the second federal appellate circuit to conclude that Title VII’s prohibitions against sex discrimination also apply to discrimination and harassment claims...more

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