After being issued more than 12 years ago, the Equal Employment Opportunity Commission (EEOC) voted to publish a proposed update to its Compliance Manual section on religious discrimination. Once published, it will be open and available for public comment. According to the EEOC, the updated guidance will reflect recent legal developments and emerging issues under
Title VII
Supreme Court Rules Title VII Protects LGTBQ+ Employees From Employment Discrimination
By Jeffrey M. Schlossberg on
Posted in Case Law update, Title VII
In a landmark ruling, the United States Supreme Court ruled that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. An article by our colleagues discussing the case and its implications can be read here. A copy of The Court’s decision can be accessed here.
Federal Court Dismisses Discrimination and Retaliation Claims But Not Hostile Work Environment
By Jackson Lewis P.C. on
Posted in Hostile Work Environment, Title VII
On January 28, 2020, the Southern District of New York allowed a hostile work environment claim to proceed based upon allegations of racial slurs, demeaning comments, and relegation of Hispanic to the least favorable job assignments and shifts. Ramirez v. NYP Holdings, Inc. The Court permitted this claim to proceed despite dismissing other claims…
Refusal To Re-take Physical Abilities Test Dooms Plaintiff’s Ability To Allege Adverse Employment Action
By Adam G. Guttell on
Posted in discrimination, Title VII
The absence of an adverse employment action by an employer routinely is fatal to a claim of discrimination (absent proof of constructive discharge). This bedrock principle was reiterated recently in a case where an applicant alleged that she was forced to resign after failing a physical abilities test. Jane D. Dicocco v. William P. Barr…
Severe and Pervasive: Pay Attention to Your State’s Sexual Harassment Standard
By Jenna E. Dysart on
A Georgia EMT sued her former employer, alleging sexual harassment and retaliation in violation of Title VII. Plaintiff alleged that sexual comments during the four months created a hostile environment. The comments included an owner calling Plaintiff attractive, saying he loved chocolate milk in apparent reference to her in a text that also included images…
The Supreme Court Asks DOJ for Input on the Scope of Title VII
By Taylor M. Napoli on
Posted in Case Law update, Title VII
Recently, the United States Supreme Court invited the U.S. Solicitor General of the Department of Justice to weigh in on a petition to revive the discrimination case of Peterson v. Linear Controls Inc. David Peterson, a former Linear Controls electrician, asked the Supreme Court to overturn the Fifth Circuit decision that held more difficult working…
Manager’s Observation of Harassment Places Liability on Employer
By Timothy J. Domanick on
Posted in Title VII
Under generally accepted Title VII principles, an employer can be held liable when a co-worker harasses a co-worker if a supervisor is aware of the harassment, but fails to take prompt corrective action. This principle was reiterated in EEOC v. Driven Fence, Inc., where an African American Plaintiff quit his job after being subjected…
U.S. Supreme Court: Employee May Proceed with Title VII Claim Despite Not Fulfilling EEOC Filing Obligation
By Jackson Lewis P.C. on
Posted in Case Law update, Title VII
The general rule is that a federal discrimination claim should be dismissed unless a timely charge was filed with the Equal Employment Opportunity Commission (EEOC). Whether that statutory requirement was jurisdictional (and could not be waived) or procedural (and must be presented to the Court in a timely manner or the defense is waived) was…
2019 EPLI Trends Report Published
By Jeffrey M. Schlossberg on
Workplace law changes constantly. Employers and EPL carriers need to keep up with expanding risks, changing legal obligations, reason-defying jury verdicts, the #MeToo movement, and a record number of threatened and asserted claims associated with these changes. Our 2019 EPLI Trends Report gives an overview of the related risks and exposures employers and, by extension, …
Hospital Privileges Do Not Confer Employment Status For Purposes of Title VII Liability, Seventh Circuit Holds
By Adam G. Guttell on
Posted in Case Law update, Title VII
Having the power to grant, deny, or revoke hospital privileges does not give rise to liability under Title VII of the Civil Rights Act of 1964, according to a recent decision by the Court of Appeals for the Seventh Circuit. Yelena Levitin, M.D. v. Northwest Community Hospital.
For almost thirteen years, Dr. Yelena Levitin had…