News & Analysis as of August 13, 2025

Title VII

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

Attorney General Bondi Issues Guidance to Recipients of Federal Funding “Regarding Unlawful Discrimination”

Pillsbury Winthrop Shaw Pittman LLP on 8/5/2025

While some aspects of the Guidance reflect longstanding interpretations of federal antidiscrimination law, it signals an important shift in enforcement priorities. The Guidance states that the use of race-neutral criteria is...more

President Trump Issues Executive Order to Eliminate Disparate Impact Analysis

Troutman Pepper Locke on 4/25/2025

President Donald J. Trump issued an executive order titled “Restoring Equality of Opportunity and Meritocracy.” This order aims to eliminate the use of disparate impact liability in all contexts, emphasizing the importance of...more

Lawler Foods to Pay over $1 Million to Settle EEOC Race and National Origin Discrimination Suit

U.S. Equal Employment Opportunity Commission... on 4/27/2016

Bakery Refused to Hire Applicants Based on Their Race/National Origin, Federal Agency Alleged - HOUSTON - A large local bakery will pay $1,042,000 as part of the settlement of a class race and national origin...more

Employment Law 101: National Origin, Citizenship & Immigration Status Discrimination

Gray Reed on 2/18/2016

Who does it apply to: Part of the protection comes from Title VII, which applies to employers with 15 or more employees. An overlapping part of the protection comes from the Immigration Reform and Control Act (IRCA), which...more

Fourth Circuit Court Of Appeals Holds That Gender Normed Physical Fitness Tests Do Not Run Afoul Of Title VII

Pullman & Comley - Labor, Employment and... on 1/28/2016

As we are all aware, Title VII of the Civil Rights act of 1964 prohibits, among other things, discrimination in employment on the basis of sex. This prohibition extends not only to intentionally discriminatory conduct, but...more

FTC Releases Report on “Big Data” Offering Practical and Legal Considerations for Businesses

Kelley Drye & Warren LLP on 1/13/2016

On January 6, 2016, the Federal Trade Commission (FTC) released a report on the growing use of “big data” which discusses potential benefits and risks to big data use and offers practical and legal considerations for...more

Employment Law 101: Race Discrimination

Gray Reed on 12/11/2015

Who, What, Why . . . Who does it apply to: The law applies to all employers regardless of size. What is the issue: The Civil Rights Act of 1866 was passed to prohibit racial discrimination in contracts of...more

Court Finds Promotional Tests Violate Title VII

Seyfarth Shaw LLP on 12/8/2015

In Bruce Smith, et al. v. City of Boston, Case No. 12-CV-10291 (D. Mass. Nov. 16, 2015), Judge Young of the U.S. District Court for the District of Massachusetts held that the City of Boston Police Department’s (the...more

EEOC Settles Background Check Litigation with BMW, But Also Faces Steep Attorneys’ Fees in Freeman Case

Littler on 9/23/2015

After several high-profile setbacks in disparate impact discrimination lawsuits challenging criminal record screening policies, the EEOC has entered into a settlement (consent decree) in one of its few remaining cases, a...more

EEOC takes aim at Target for discriminatory pre-employment tests

McAfee & Taft on 8/27/2015

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue...more

Employment Law 101: Religious Discrimination

Gray Reed on 8/20/2015

Who does it apply to: The law applies to all employers with 15 or more employees. What is the issue: Title VII was passed in the 1960s to protect against discrimination based on race, color, religion, sex or national origin....more

The Future of Healthcare Discrimination Litigation-Section 1557 of the ACA

Arnall Golden Gregory LLP on 8/18/2015

This article was originally published by American Health Lawyers Association. Copyright 2015, American Health Lawyers Association, Washington, DC. Reprint permission granted. It is no secret that the Affordable Care Act...more

Latest EEOC Discrimination Suit Targets Employment Exam

Proskauer - Law and the Workplace on 8/4/2015

For years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that certain employment tests and screening procedures can serve to discriminate against racial and ethnic minorities in violation of...more

Lending Industry Take Note: Federal Fair Housing Act Provides For Disparate-Impact Liability

Partridge Snow & Hahn LLP on 7/2/2015

The status quo stands, to a degree. By a 5-4 vote, the United States Supreme Court has concluded that the federal Fair Housing Act (“FHA”) authorizes lawsuits not just for intentional discrimination, but for conduct taken...more

Supreme Court Abercrombie & Fitch Ruling: It’s the Motive that Matters

Kelley Drye & Warren LLP on 6/8/2015

As most lawyers and HR professionals know, on June 1, 2015, Justice Antonin Scalia authored a concise opinion, overturning the Tenth Circuit and holding that Abercrombie & Fitch had intentionally discriminated against...more

U.S. Supreme Court Announces New Standard for Pregnancy Discrimination Claims

Proskauer - Law and the Workplace on 3/31/2015

Last Wednesday the U.S. Supreme Court issued its much-anticipated decision in Young v. United Parcel Service, Inc. (UPS), which involves a claim of pregnancy discrimination under the Pregnancy Discrimination Act (PDA)....more

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