Tag Archives: Title VII

Supreme Court Rules In Favor Of LGBTQ Protections

In a landmark decision for LGBTQ employment rights, the Supreme Court has ruled that Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex, includes gay and transgender employees. The ruling, written by Justice Neil Gorsuch, settles differing decisions from lower courts that considered whether Title VII provided […]

Supreme Court Mitigates Use of Charge-Filing Requirement in Employer Discrimination Defense

In a ruling earlier this month, the U.S. Supreme Court found that Title VII’s exhaustion of administrative remedies requirement is a mandatory claim-processing rule rather than jurisdictional, settling a long-standing disagreement among appellate courts. The need for the clarification stems from a general rule that a federal discrimination claim should be dismissed unless a timely […]

Supreme Court agrees to consider LGBT discrimination in the workplace

Supreme Court agrees to consider LGBT discrimination in the workplace As mentioned in a prior post, the Supreme Court of the United States will soon resolve uncertainty as to whether Title VII of the Civil Rights Act prohibits discrimination based on gender identity and sexual orientation. In the first two consolidated cases, Altitude Express Inc. v. […]

EEOC Stands By Position That Title VII Protects Transgender Employees—So Far

Gender identity issues are still in the news, and based on activity in the Trump administration and the Texas legislature, discrimination against transgender individuals is alive and well. The EEOC, however, is holding strong to the position that Title VII forbids employment discrimination based on gender identity, a stance affirmed during the Obama administration. A […]

Freedom of Religion in the Workplace: Finding Accommodations That Work

Religious accommodation can be a minefield, but the law is clear. According to Title VII of the 1964 Civil Rights Act, employers must provide reasonable accommodation of their employees’ religious beliefs. At a recent American Bar Association (ABA) Labor and Employment Law Conference, panelists discussed the issue, with these suggestions for how to assure that […]

Who’s Responsible for Protecting Your Employees from Third-Party Harassment? You are.

In the past few years, federal circuit courts have been expanding employer liability for workplace harassment under Title VII. While employers understand their responsibility to protect employees from a hostile work environment caused by management or coworkers, recent decisions have extended the employer’s liability to include third parties such as customers, vendors, and visitors. In […]