News & Analysis as of

Human Resources Professionals Title VII Employment Litigation

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

Conn Maciel Carey LLP

Ames v. Ohio Department of Youth Services: What the Supreme Court’s Unanimous Ruling Means for Employers and DEI Policies

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Reshaping the litigation landscape for workplace discrimination claims, last month, the U.S. Supreme Court ruled in Ames v. Ohio Dept. of Youth Servs., 145 S. Ct. 1540 (June 5, 2025), that plaintiffs bringing so-called...more

Parker Poe Adams & Bernstein LLP

Muldrow Decision Should Result in Supervisor Training on Legal Risks From Workplace Changes

Last year, the U.S. Supreme Court issued a decision in Muldrow v. City of St. Louis that has resulted in profound changes to when employees can claim discrimination relating to job decisions that do not appear to have much...more

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

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In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more

Fisher Phillips

AI Screening Systems Face Fresh Scrutiny: 6 Key Takeaways From Claims Filed Against Hiring Technology Company

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A Deaf, Indigenous woman claims an employer’s use of a popular automated video interview platform unfairly blocked her promotion due to AI-driven biases related to her disability and race. The ACLU filed charges on March 19...more

Rumberger | Kirk

From Hamilton To Muldrow: Preparing HR For Title VII Claims Beyond The Firing Table

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“The Hamilton decision highlights the need for employers to stay up to date on legal developments. In this one decision, the Fifth Circuit opened the door for claims that just one day earlier were not actionable. Reviewing...more

Parker Poe Adams & Bernstein LLP

When Documentation Backfires: A Case Study From the Tenth Circuit

Part of our standard advice to nearly every client is "document, document, document." Typically, robust and timely documentation ensures that an employer has strong evidence of its legitimate rationale for making employment...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

PilieroMazza PLLC

Supreme Court Opens Door to Broader Spectrum of Employment Discrimination Cases

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In April 2024, the U.S. Supreme Court held that transferring an employee to a new position with the same rank and pay may constitute an adverse action under Title VII. The recent decision in Muldrow v. City of St. Louis,...more

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

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

Dentons

Promotion and Demotion – What to Watch For

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In a recent U.S. Supreme Court case, a police sergeant alleged that she was transferred from one job to a less desirable job in the police department because of her sex....more

Cranfill Sumner LLP

Supreme Court Lowers the Bar for Employment Discrimination Claims: Only “Some Injury” Required

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On April 17, 2024, the United States Supreme Court issued its much-anticipated decision in Muldrow v. City of St. Louis (No. 22-193) and held that “some injury” is sufficient to establish a federal discrimination or...more

Seyfarth Shaw LLP

EEOC Argues Vendors Using Artificial Intelligence Tools Are Subject to Title VII, the ADA and ADEA Under Novel Theories in Workday...

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In Mobley v. Workday, the EEOC filed an amicus brief supporting a class-action plaintiff's theory that a Human Resources software company could be directly liable for employment discrimination allegedly caused by the vendor's...more

Miller & Martin PLLC

The Supreme Court’s “Some Harm” Definition Leaves SomeTHING to be Desired in Discrimination Cases Involving Workplace Transfers

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One of the decisions avid Supreme Court watchers (yes, aka employment law nerds) have been waiting for was Muldrow v. City of St. Louis, Missouri....more

Miller Canfield

6th Circuit Clarifies Opposition Clause of Title VII - Performance of Regular Job Duties as Protected Activity

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Title VII of the 1964 Civil Rights Act prohibits retaliation against employees because they either oppose discriminatory actions (the "Opposition Clause") or because of their participation in an investigation, proceeding, or...more

Cozen O'Connor

Eleventh Circuit Explains How Protected Activity Loses Its Protected Status in Gogel v. Kia Motors

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Title VII of the Civil Rights Act protects an employee’s conduct of complaining about Title VII violations. The Eleventh Circuit, however, has now provided the framework for when an employee’s otherwise protected conduct can...more

Hinshaw & Culbertson LLP

District Court Permits Walmart to "Rollback" Job Offer Because of Undue Hardship from a Religious Accommodation

The U.S. District Court for the Western District of Wisconsin recently addressed an employer's responsibilities to accommodate an employee's religious beliefs. In EEOC v. Walmart Stores East, LP, the court examined whether...more

U.S. Equal Employment Opportunity Commission...

Select Staffing to Pay $199,500 to Settle EEOC Sexual Harassment Suit

Staffing Agency Allowed Sexual Abuse of Several Women Placed in Jobs at Albuquerque Police Unit, Federal Agency Charged - ALBUQUERQUE, N.M. - Real Time Staffing Services, Inc., Employment Solutions Manage­ment, Inc., and...more

U.S. Equal Employment Opportunity Commission...

Hat World to Pay $33,000 to Settle EEOC Retaliation Lawsuit

Lids' Retailer Fired Store Manager Who Reported Sexual Harassment and Filed a Charge with the EEOC, Federal Agency Charged - NORFOLK, Va. - Hat World, Inc., an Indianapolis-based retailer of sports hats and fan gear, will...more

U.S. Equal Employment Opportunity Commission...

Rainbow Tree LLC / Persian Room Fine Dining to Pay $65,000 to Settle EEOC Sexual Harassment Lawsuit

Restaurant's Owner Sexually Harassed and Retaliated Against Female Employee, Federal Agency Charged - SCOTTSDALE, Ariz. - Rainbow Tree LLC, doing business as Persian Room Fine Dining, has agreed to pay $65,000 and...more

U.S. Equal Employment Opportunity Commission...

Global Ministries to Pay $50,000 to Settle EEOC Retaliation Discrimination Suit

Communications Specialist Fired for Complaining About Race Discrimination, Federal Agency Charged - ATLANTA - The General Board of Global Ministries of the United Methodist Church, Inc., doing business as Global...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

Butler Snow LLP

#MeToo sexual harassment claims against court clerk go to jury trial

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Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...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

Miles & Stockbridge P.C.

Has the Fourth Circuit Set the Stage for LGBTQ Protections Under Title VII?

The Fourth Circuit’s recent decision in Evangeline Parker v. Reema Consulting Services, Incorporated, 915 F.3d 297 (4th Cir. 2019) grabbed headlines for its controversial ruling that workplace gossip can support a sex...more

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