Category Archives: Title VII

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Sexual Harassment Training in the #MeToo Era

#MeToo
Over the last few months, we have been bombarded constantly with various people across society discussing sexual harassment and the #MeToo movement. Recent news events have led to spirited and sometimes disruptive discussions within the work environment as people take sides in the ongoing political and societal debate.  However, the current environment also provides human … Continue reading this entry

Employee Need Not Give Severance Back Before Moving Forward

Severance
An employee signs a separation agreement and receives severance pay. The employee then has second thoughts, alleges she was coerced into signing the agreement, and wants to pursue her discrimination claims in court. Must the employee give back the severance before suing? On August 13, 2018, in McClellan v. Midwest Machining, the Sixth U.S. Circuit … Continue reading this entry

Sixth Circuit Confirms Title VII Protection for Transgender Status and Rejects Religious Belief Defense

cost
Earlier this month, we discussed the Second Circuit Court of Appeals’ decision concluding that Title VII prohibits discrimination on the basis of sexual orientation. Days later, the Sixth Circuit Court of Appeals (covering Kentucky, Michigan, Ohio, and Tennessee) issued a significant Title VII decision of its own when it concluded that a funeral home’s discharge … Continue reading this entry

The Saga Continues: Second Circuit Court of Appeals Holds that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

VII
We have steadily followed the evolving legal landscape, including the emerging circuit court split, surrounding whether the federal anti-discrimination law, Title VII, prohibits discrimination based on sexual orientation or gender identity. On February 26, 2018, all of the judges of the Second Circuit Court of Appeals (covering Connecticut, New York, and Vermont) heard an appeal … Continue reading this entry

Even If Sexual Orientation And Gender Identity Are Not Covered By Title VII -- Very Much an Open Question -- LGBTQ Employees May Find a Way to Sue You

LGBTQ
Some pretty horrifying facts about workplace conduct at the Providence, R.I., Fire Department involving co-workers: calling a female lieutenant firefighter “bitch” “c—t,” “lesbian lover,” and “lesbo”; telling her, “I don’t normally like to work with women, but, you know, we like the same thing, so I think we’re going to get along”; spitting on and … Continue reading this entry

Tax Reform/Tax Cuts, Who Cares? Tax Gross Up Damages Are Available Under Title VII

Tax
Tax reform legislation is certainly one of the hottest topics in the media. Among others, several of the pressing questions regarding the proposed legislation are: Will it pass? If so, who will receive tax relief (and who won’t)? It goes without saying that many Americans are paying close attention to these questions because it may … Continue reading this entry

Multiple Choices: Compliance Considerations in the Shifting Landscape of Pre-Employment Testing

Pre-Employment
In recent years, the landscape of pre-hire employment screening tests has rapidly evolved. Employers throughout the U.S. are facing shrinking applicant pools as the labor market tightens.  As a result, many employers are now looking at personality and psychological tests to find the best fitting applicants. While the individual tests may vary, these tests often … Continue reading this entry

Transgender Employees May Be Entitled To Protection From Discrimination Under The ADA

Accomodation
Of late, we have recently written quite a bit about the ever-changing legal landscape regarding protections for LGBTQ employees. Most of the authority we explored involved whether or not sexual orientation (as well as gender identity and expression) are protected under Title VII of the Civil Rights Act of 1964 (Title VII).  Now, for the … Continue reading this entry

Discrimination Based on Sexual Orientation -- The Wave Grows

Back in March we explored the question, “So – Are LGBTQ Rights Protected Under Federal Employment Law or Not?” In that article, which unpacked a recent federal court decision on LGBTQ workplace protections, we concluded that “it depends.”  While the issue is far from settled and the answer still remains “it depends,” two additional federal … Continue reading this entry