News & Analysis as of

Title VII › Employment Discrimination › Equal Employment Opportunity Commission (EEOC)

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... more +
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 -
Littler

Denial of Gender-Affirming Care Does Not Qualify as Sex Discrimination, Eleventh Circuit Holds

Littler on

On September 9, 2025, in Anna Lange v. Houston County, Georgia, et. al., the U.S. Court of Appeals for the Eleventh Circuit held that the denial of coverage for gender-affirming surgery was not discriminatory. This decision...more

Parker Poe Adams & Bernstein LLP

EEOC Settlement Illustrates Position on Religious Accommodation Obligations

Parker Poe Adams & Bernstein LLP on

The Equal Employment Opportunity Commission announced the settlement of a Title VII claim against a national restaurant corporation that involved alleged failure to hire an applicant because of her religious-based dress. ...more

Amundsen Davis LLC

Sixth Circuit Provides Employers Protection in Customer Harassment Cases

Amundsen Davis LLC on

Earlier this month, the Sixth Circuit issued a decision in Bivens v. Zep that significantly narrows when an employer can be held liable under Title VII for harassment committed by a third party, such as a customer or client. ...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2025

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In Bivens v. Zep, Inc., a customer engaged in unwanted romantic advances towards a former employee. The employee sued the employer for harassment and hostile work environment under federal law, asserting that the employer...more

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

Wait - The EEOC Is Still Knocking? Why an Employment Lawsuit May Not Be the End of the Story

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

Many employers assume that once an employee or job applicant files a discrimination lawsuit after receiving a notice of right to sue from the U.S. Equal Employment Opportunity Commission (EEOC), the agency’s involvement in...more

Nilan Johnson Lewis PA

EEOC Abandons Disparate Impact Claims

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Employers facing potential pay discrimination claims have historically faced two basic types of claims: disparate treatment claims and disparate impact claims. Because disparate impact claims are easier to raise on a class...more

Ice Miller

Bias in the Machine: How AI Hiring Tools Create Risk for Employers

Ice Miller on

As artificial intelligence (AI) continues to reshape the modern workplace, a growing legal trend is emerging around its use in employment decisions. From hiring algorithms to performance monitoring tools, employers are...more

DCI Consulting

Recent EEOC Consent Decree Signals Continued Enforcement of Title VII

DCI Consulting on

BLOG OVERVIEW: The Equal Employment Opportunity Commission (EEOC) has entered into a consent decree with Battleground Restaurants, Inc. and Battleground Restaurant Group, Inc. regarding discriminatory practices towards...more

Whiteford

Employment Law Update: Fourth Circuit Decision Highlights the Impact of Supreme Court’s Change to Adverse Employment Action...

Whiteford on

In 2024, the Supreme Court issued its decision in Muldrow v. City of St. Louis, which arose out of a sex discrimination claim filed by a female police officer. Officer Muldrow was transferred to a different position within...more

Brooks Pierce

The EEOC Signals Continued Increased Scrutiny of Religious Accommodation in the Workplace

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Particularly since pandemic-era vaccination requirements, American employers have faced increasing enforcement actions and litigation regarding religious accommodation requests. Additionally, in 2023, the U.S. Supreme Court...more

Kohrman Jackson & Krantz LLP

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

Kohrman Jackson & Krantz LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

Three religious accommodation trends: The good, the bad and the “buckle up for turbulence”

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Two years ago, the long dormant duty to accommodate employees’ religious beliefs and practices was awakened by the U.S. Supreme Court in Groff v. Dejoy. Gone were the days when an employer could justify the denial of a...more

Littler

A DEI Conundrum: We Employ U.S and Non-U.S. Workers. How Can We Straddle Diverging DEI Requirements?

Littler on

Introduction - On March 4, 2025, standing before the U.S. Congress, President Trump proclaimed that his administration had “ended the tyranny of so-called diversity, equity and inclusion policies all across the entire...more

A&O Shearman

Comparing U.S. And UK Approaches to Religious Expression at Work: Lessons From Recent Developments

A&O Shearman on

Regulators and courts in both the U.S. and UK have been seeking to navigate the complex balance between employees’ rights to religious expression and employers’ interests. In particular, recent developments—namely, two U.S....more

Haynsworth Sinkler Boyd, P.A.

EEOC Decisions Enforce Stronger Protections for Religious Accommodation in the Workplace

Haynsworth Sinkler Boyd, P.A. on

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

Offit Kurman

Evolving Standards for Religious Accommodations at Work

Offit Kurman on

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

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Proskauer - Law and the Workplace

Sixth Circuit Departs from EEOC and Other Circuits on Employer Liability Standard for Third-Party Harassment

Proskauer - Law and the Workplace on

On August 8, 2025, a Sixth Circuit panel in Bivens v. Zep, Inc. held that an employer can only be found liable under Title VII for harassment by a third party if the employer intended for the harassment to occur. This...more

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

Constangy, Brooks, Smith & Prophete, LLP on

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

Bradley Arant Boult Cummings LLP on

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Keating Muething & Klekamp PLL on

Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more

Littler

The New Era of Religious Accommodations: Clarifying the Standard for “Sincere Religious Beliefs” and Evaluating Undue Hardship

Littler on

Since vaccines became available in response to COVID-19, courts have dealt with an onslaught of litigation involving religious accommodation in the workplace. Most recently, the U.S. Court of Appeals for the Second Circuit...more

Oppenheimer Investigations Group

Workplace Investigations in Litigation: Strategic Value for Both Plaintiffs and Defendants

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Workplace investigations are generally conducted outside of a litigation context and involve complaints that are not ultimately litigated. However, inevitably some workplace disputes that are investigated do make it to...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

Harris Beach Murtha PLLC

DOJ Clarifies “Unlawful” DEI in a New Guidance Memo

Harris Beach Murtha PLLC on

In a Guidance Memo recently issued to all federal agencies, Attorney General Pamela Bondi clarified what the U.S. Department of Justice (“DOJ”) considers “unlawful” DEI, as referenced in the Joint Guidance the DOJ and Equal...more

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