News & Analysis as of August 31, 2025

Title VII › Civil Rights Act

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

Fisher Phillips on 8/29/2025

As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

McDermott Will & Schulte on 8/28/2025

On July 29, 2025, the US Department of Justice (DOJ), led by Attorney General Pam Bondi, issued a new guidance memorandum that clarifies what the DOJ considers to be “unlawful discriminatory policies and practices” under...more

Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII

Kohrman Jackson & Krantz LLP on 8/28/2025

The Sixth Circuit in Bivens v. Zep, Inc. brushed aside the EEOC’s and several circuit court positions with respect to the standard to be used when determining an employer’s liability under Title VII for sexual harassment of...more

EEOC Decisions Enforce Stronger Protections for Religious Accommodation in the Workplace

Haynsworth Sinkler Boyd, P.A. on 8/26/2025

The Equal Employment Opportunity Commission (EEOC) has recently issued significant decisions against two federal employers for failing to provide reasonable religious accommodations to their employees. These decisions...more

Evolving Standards for Religious Accommodations at Work

Offit Kurman on 8/26/2025

The legal framework surrounding religious accommodations in the workplace has evolved significantly, driven by recent court decisions, EEOC enforcement actions, and federal guidance. Employers must gain a clear understanding...more

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Vedder Price on 8/20/2025

In Bivens v. Zep, Inc., No. 24-2109 (6th Cir. Aug. 8, 2025), the Sixth Circuit split with the EEOC and most U.S. Courts of Appeals as to when an employer may be liable under Title VII for harassment by a non-agent (e.g.,...more

Guidance on “Unlawful DEI” and Federal Funding

Woods Rogers on 8/19/2025

Even when well-intentioned, DEI programs are not exempt from federal civil rights laws. That is the core message of Attorney General Pam Bondi’s memo clarifying the Department of Justice’s interpretation of federal...more

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

Dickinson Wright on 8/19/2025

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

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

Fisher Phillips on 8/18/2025

An unsuccessful job applicant is suing Sirius XM Radio in federal court, claiming the company’s AI-powered hiring tool discriminated against him based on his race. Filed on August 4 in the Eastern District of Michigan, the...more

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/18/2025

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more

DOJ Issues New Guidance on DEI and Federal Funding Compliance

Miles & Stockbridge P.C. on 8/15/2025

U.S. Attorney General Pam Bondi recently issued new guidance aimed at clarifying the current administration’s stance on the permissibility of diversity, equity and inclusion policies and procedures under federal...more

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

Morrison & Foerster LLP on 8/15/2025

On July 29, 2025, the U.S. Department of Justice (“DOJ”) issued a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the “Memo”), providing guidance on what diversity, equity,...more

When Is a Company Your Employer? Understanding the Integrated Enterprise Doctrine Under Title VII

Jaburg Wilk on 8/15/2025

Filing a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC) can be confusing when determining who the employer is. That’s especially true in a complex corporate environment, where...more

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

Benesch on 8/14/2025

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

Clarifying Standards for “Reverse” Discrimination, Coupled with Other Recent Changes (see Muldrow), could have Real Implications...

Spilman Thomas & Battle, PLLC on 8/13/2025

Did the Supreme Court’s unanimous decision in Ames v. Ohio Dept. of Youth Serv., 145 S.Ct. 1540 (2025), decided in June of this year, make it easier for employees to bring discrimination lawsuits against their employers? The...more

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Title VII › Civil Rights Act

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

Sixth Circuit Requires Employer Intent for Customer Sexual Harassment Under Title VII

EEOC Decisions Enforce Stronger Protections for Religious Accommodation in the Workplace

Evolving Standards for Religious Accommodations at Work

Sixth Circuit Splits with EEOC and Other Circuits as to Employer Liability for Harassment by Non-Employees Under Title VII

Guidance on “Unlawful DEI” and Federal Funding

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

Another Employer Faces AI Hiring Bias Lawsuit: 10 Actions You Can Take to Prevent AI Litigation

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

DOJ Issues New Guidance on DEI and Federal Funding Compliance

Understanding DOJ’s New Guidance on Unlawful Discriminatory Practices

When Is a Company Your Employer? Understanding the Integrated Enterprise Doctrine Under Title VII

Sixth Circuit Raises Standard for Employer Liability in Customer Harassment Cases

Clarifying Standards for “Reverse” Discrimination, Coupled with Other Recent Changes (see Muldrow), could have Real Implications...

New “Unlawful Discrimination” Guidance from DOJ Underscores Risks to Federal Grant Recipients

DOJ Issues Sweeping Guidance on "Illegal DEI": Key Legal Risks and Compliance Priorities for Federal Funds Recipients

DOJ Guidance Aims to Clarify "Illegal DEI," Raising the Stakes for Potential Investigations and Enforcement

Looping in Loper Bright to Require the EEOC to Follow Its Enabling Statute

AG Bondi Issues DEI Memo to Support False Claims Act Enforcement

New DOJ Memo Addresses Legality of DEI Programs for Federal Funding Recipients

DOJ Issues Expansive Guidance on Unlawful Discrimination and DEI Programs

From Best Practices to Enforcement: Decoding DOJ’s July 29 Anti-Discrimination Guidance

Attorney General Issues New Guidance on Federal Antidiscrimination Compliance

DOJ Releases Additional Guidance Regarding Unlawful Discrimination

Title VII › Civil Rights Act

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