Faced with a question not yet addressed by the Third Circuit, a federal judge in Pennsylvania found an employer, as well as individual managers, may be held liable for an employee’s claim of a hostile work environment based on conduct by a non-employee who had regular contact with the employee. Hewitt v. BS Transp. of
Title VII
Pre-Employment Examinations Without Disparate Impact May Still Serve As Basis For Disparate Treatment Claims
In EEOC v. Upstate Niagara Coop., Inc., the U.S. District Court for the Western District of New York denied Defendant’s motion to dismiss finding that the EEOC stated claims for discrimination based on sex in violation of Title VII.
The EEOC filed suit against Defendant alleging that it discriminated against female applicants by hiring…
Another Circuit Prompts the Supreme Court to Resolve Title VII Sexual Orientation Claims
As the Circuits become further divided on issues of civil rights, the scope of legally protected characteristics under Title VII become harder to predict. After a recent loss in the 11th Circuit, a claimant petitioned the Supreme Court to review the 11th Circuit’s decision that “discharge for homosexuality is not prohibited by Title…
EEOC Reports Increase in Sexual Harassment Claims
This past year has been filled with disturbing reports of alleged sexual assault and sexual harassment by prominent figures in business, politics, and even the judiciary. Not surprisingly, the number of EEOC sexual harassment filings has increased. In data published in October, the EEOC reported, that in 2018, it filed 50% more lawsuits regarding harassment…
Human Resources Employee Permitted to Pursue Discharge Claim
Rather than conduct in breach of an inherent duty of loyalty to the employer, the Eleventh Circuit Court of Appeals has ruled that a human resources representative engaged in protected activity under Title VII of the Civil Rights Act of 1964 when she referred a coworker who complained of discrimination to a plaintiff’s attorney. Gogel …
Seventh Circuit Affirms Grocery Store Employee’s Same-Sex Harassment Title VII Victory
A male employee working in the meat department of his local grocery store prevailed in his Title VII sex discrimination claim alleging an unlawful hostile environment harassment created by his male coworkers and male supervisor. Following a verdict in plaintiff’s favor at the trial court level, the employer appealed to the U.S. Court of Appeals…
Ensuring Enforceability of Separation and Release Agreements
The Sixth Circuit recently allowed an Equal Pay Act and Title VII pregnancy discrimination suit to proceed despite the fact that plaintiff signed an agreement releasing all claims and, did not turn back the severance payment given in consideration for the release. In McClellan v. Midwest Machining, Inc., the Court relied upon the United…
Failure to Hire Due to “Jewish Blood” May Constitute Race Discrimination Under Title VII
A federal magistrate in the Western District of Louisiana has issued what appears to be the first ruling under Title VII of the Civil Rights Act of 1964 that someone who is Jewish may be protected from race discrimination under the statute. In Bonadona v. Louisiana College, the Court ruled that an individual who…
Fifth Circuit Finds Employer’s Peer Review Process Does Not Constitute an Adverse Employment Action
The Fifth Circuit recently affirmed the granting of summary judgment to an employer dismissing a Title VII race discrimination claim. In Stroy v. Gibson, an African American primary care physician employed by the Department of Veterans Affairs alleged race discrimination following a peer review committee determination that competent practitioners would have managed the treatment…
Agreement’s Requirement To Forego Claims Of Future Discriminatory Conduct May Constitute A Materially Adverse Action
In Lester v. O’Rourke, the United States District Court for the North District of Illinois held that Plaintiff is entitled to trial on his Title VII retaliation claim after he signed a Last Chance Agreement (“LCA”) that settled pending Title VII claims and also waived claims that might be asserted if the employer disciplined…