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Title VII › Race Discrimination › Appeals

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 -
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

Poyner Spruill LLP

Why Comparator Analysis Matters: A Key Fourth Circuit Ruling

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Title VII of the Civil Rights Act of 1964 generally prohibits covered employers from taking adverse actions against employees on the basis of race, sex, and other protected categories. Employee discipline is often the subject...more

Constangy, Brooks, Smith & Prophete, LLP

Justice Thomas continues to ask litigants to challenge McDonnell Douglas standard

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In March, the U.S. Supreme Court majority declined to review a decision affirming summary judgment for an employer in a discrimination case. Justice Clarence Thomas, joined by Justice Neil Gorsuch, dissented, noting that he...more

Farella Braun + Martel LLP

Supreme Court Confirms That No Different Standard Applies to So-Called "Reverse Discrimination" Cases

Farella Braun + Martel LLP on

It is now well-established that “majority groups” are protected from discrimination under Title VII and California's Fair Employment and Housing Act. These so-called “reverse discrimination” lawsuits are often brought by...more

Perkins Coie

Employers See Wins in Title VII Suits Over DEI Trainings

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Key Takeaways - - Employers have recently prevailed in several cases across the country in which plaintiffs attacked diversity training and other DEI-related initiatives in the workplace. Decisions have indicated that many...more

Poyner Spruill LLP

Third Circuit Finds “Modicum” of Control Insufficient to Create Employment Relationship

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In order to state a claim for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII), a plaintiff must first demonstrate that he or she had an employment relationship with the defendant.  Although various...more

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

Federal Court Permanently Blocks Florida Restrictions on Workplace Diversity Training

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On July 26, 2024, the U.S. District Court for the Northern District of Florida permanently blocked Florida’s Stop WOKE Act, which restricted the types of anti-harassment and antidiscrimination training that employers can...more

Foster Swift Collins & Smith

Recommendations for DEI Programs in the Wake of Recent Federal Court Decision Findings on Diversity Initiatives

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On June 3rd, 2024, the 11th Circuit Court of Appeals issued a decision, American Alliance for Equal Rights v. Fearless Fund Management Fund, LLC, et al, that impacts considerations for how diversity, equity and inclusion...more

Proskauer Rose LLP

Broadway Ruling Puts Discrimination Claims In The Limelight

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Does the First Amendment right to free speech permit an employer to hire or fire an employee based on race? On its face, the proposition may seem absurd, especially as we approach the 60th anniversary of the Civil Rights Act...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

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We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

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

Fifth Circuit Relied on ‘Next to No Evidence’ of Animus in Discrimination Suit

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

On May 13, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of an employer, finding that a fired employee had failed to create a genuine dispute of material fact as to pretext. In Owens...more

Laner Muchin, Ltd.

Seventh Circuit Reiterates Who is “Similarly Situated” for Purposes of Title VII Claims

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In a recent opinion, the U.S. Court of Appeals for the Seventh Circuit reiterated the requirements that must be met for an employee to identify a similarly situated comparator for purposes of a Title VII claim. Gamble v. FCA...more

Saiber LLC

Court Upholds Employee’s Termination for Violating Employer’s Social Media Policy

Saiber LLC on

On March 4, 2021, the United States Court of Appeals for the Third Circuit affirmed a decision of the United States District Court for the Western District of Pennsylvania which ruled in Ellis v. Bank of New York Mellon Corp....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Law Firm Equity Partner Is Not an Employee for Title VII Purposes

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Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on a range of protected classifications. However, Title VII only applies to employment relationships and cannot be used by contractors,...more

Hinshaw & Culbertson - Employment Law...

Medical Staff Member Deemed Independent Contractor, Not Eligible for Title VII Protection

Hinshaw & Culbertson - Employment Law... on

When assessing potential exposure for their employer-clients under federal labor and employment statutes, employment and health care attorneys often must start with the basics. That determination of employment status becomes...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Title VII Does Not Require Termination of Co-Worker for Racist Joke

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In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the legal bar for plaintiffs to demonstrate a hostile work environment based on...more

Mintz - Employment Viewpoints

Supreme Court Clarifies Race Discrimination Claims Under 42 U.S.C. § 1981 Must Meet More Stringent “But-For” Causation Standard

Mintz - Employment Viewpoints on

Bringing positive news for employers and a welcome distraction from the COVID-19 crisis, the United States Supreme Court recently held that for claims of racial discrimination under Section 1981 of the Civil Rights Act of...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus on Discrimination

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Supreme Court Issues Unanimous Opinion Upholding But-For Causation in Section 1981 Discrimination Cases - The U.S. Supreme Court has issued a unanimous opinion holding that a plaintiff who sues for racial discrimination in...more

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

Supreme Court Requires But-For Causation for Section 1981 Claims

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

On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and...more

Fisher Phillips

SCOTUS Sets High Bar For Those Bringing Race Discrimination Cases

Fisher Phillips on

In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation....more

McAfee & Taft

U.S. Supreme Court confirms ‘but for’ causation in Section 1981 cases

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Surrounded by the confusion and anxiety of the current COVID-19 pandemic, it may feel refreshing to step back and consider some of the basic tenets of employment law. The U.S. Supreme Court’s recent decision in Comcast Corp....more

Hinshaw & Culbertson - Employment Law...

U.S. Supreme Court Holds Section 1981 Racial Discrimination Claims Require But-For Causation

Hinshaw & Culbertson - Employment Law... on

In a unanimous decision issued on March 23, 2020, the United States Supreme Court held that a but-for causation standard applies to claims brought under Section 1981 of the Civil Rights Act of 1866. The Supreme Court also...more

Herbert Smith Freehills Kramer

Supreme Court Confirms Strict “But for” Causation Test Applies to Section 1981 Claims

Herbert Smith Freehills Kramer on

On Monday, March 23, the United States Supreme Court, in a nearly unanimous opinion, ruled that a plaintiff asserting race discrimination claims in the making of a contract under 42 U.S.C. § 1981 (Section 1981) bears the...more

Franczek P.C.

Supreme Court Holds that Claims for Intentional Discrimination Under Section 1981 Must Meet “But For” Causation Test

Franczek P.C. on

Section 1981 of the Civil Rights Act prohibits intentional race discrimination in all forms of contracting including employment. Lower courts have split as to whether a § 1981 plaintiff must prove that race was only one...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

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In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

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