In Fort Bend County v. Davis, the U.S. Supreme Court ruled that the EEOC charge filing requirement under Title VII of the Civil Rights Act of 1964 is not a “jurisdictional” bar to litigation, but instead is a claim-processing rule subject to waiver if the defendant-employer fails to raise an affirmative defense at the
Target’s $3.74 Million Settlement is a Reminder to Employers Utilizing Background Checks
On Friday, Target agreed to pay $3.74 million and review its policies for screening job applicants to settle Carnella Times et al. v. Target Corp., a class action in the Southern District of New York challenging the company’s use of background checks. The suit claimed that Target’s use of criminal background checks violated Title
Court Ruling Protects Transgender Employees From Discrimination And Rejects Employers’ Religious Beliefs As a Rationale For Mistreatment
On March 7, 2018, the U.S. Court of Appeals for the Sixth Circuit determined in a landmark ruling that federal law protects transgender individuals from employment discrimination. The Sixth Circuit also determined that private employers cannot use their religious beliefs to justify discrimination against transgender individuals.
The Sixth Circuit’s decision case in the case
Sexual Orientation Discrimination Deemed Illegal Under Federal Law
Yes, federal law prohibits employers from discriminating against employees and applicants based on their sexual orientation. Yes, employers who allow discrimination or harassment based on sexual orientation can be forced to pay a full range of damages, including punitive damages.
Employment and civil rights lawyers have struggled to find clear answers to these questions for
Comments to Proposed Harassment Guidance Critical of EEOC’s Position on LGBT Bias
Before the expiration of the extended deadline last week, the U.S. Equal Employment Opportunity Commission received over 100 comments to its proposed Enforcement Guidance (“Proposed Guidance”) on workplace harassment. The revised guidance is the first revision to the EEOC’s workplace harassment guidance since the 1990s and the result of the July 2016 report by the
EEOC Resource Document Provides a Refresher on Workplace Rights for Individuals with Mental Health Conditions
On Monday, December 12, the Equal Employment Opportunity Commission (EEOC) issued a resource document concerning workplace rights for individuals with mental health conditions under the Americans with Disabilities Act (ADA), entitled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights.” This resource document is part of a series of
LGBT Issues Taking Center Stage
On October 28, 2016, the Supreme Court of the United States said that it would decide whether the Obama Administration’s interpretation of Title IX as requiring schools to allow students to utilize restrooms that correspond to their gender identities is proper. The case of Gloucester County School Board v. GG, involves the claims of a
The EEOC’s Enforcement Guidance Sanctions an Expanded View of Workplace Retaliation
Earlier this year, we reviewed the Equal Employment Opportunity Commission’s (“EEOC”) proposed enforcement guidelines regarding retaliation claims. After a 30-day comment period and input from approximately 60 individuals and organizations, on August 25, 2016, the EEOC released the final version of the Enforcement Guidance on Retaliation and Related Issues (“Guidance”). The Guidance comes nearly 20
Recent SEC Case Highlights Government Scrutiny of Severance Agreements
On August 10, 2016, the Securities and Exchange Commission issued a cease and desist order against BlueLinx Holdings, Inc. that further demonstrates the scrutiny of various federal agencies with respect to severance agreements.
In BlueLinx, the SEC found a provision in a severance agreement that restricted employees from providing information to the SEC without company
Why to Abstain from the 2016 Presidential Election (At Least in the Workplace), Part I
Although the Republican National Convention is now behind us in Cleveland, we still have several months of campaigning to endure prior to the presidential election. During this time of year, the issue of expressing political beliefs in the workplace is especially poignant.
In the midst of all of this political activity, employers may ask—how much