Posts Tagged ‘Title VII’

The benefits of an appeal or review committee

Retaliation claims are some of the most common employment-based claims that employers face. In 2014, the number of retaliation claims filed with the Equal Employment Opportunity Commission reached a record high – 37,955 charges (42.8% of all charges filed) contained allegations of retaliation. In Thomas v. Berry Plastics Corp., the federal appeals court that decides…

Read More

What employers need to know about transgender discrimination

Recent developments in the area of transgender rights should put employers on notice that government agencies are serious about eliminating this type of discrimination. DOJ steps in to sue university in Oklahoma Typically the Equal Employment Opportunity Commission (EEOC) is the entity charged with enforcing federal employment laws. This past March, the Department of Justice…

Read More

EEOC says sexual orientation protected under Title VII

The last few years have seen a dramatic expansion of rights to persons on the basis of sexual orientation and gender identity. In 2013, the U.S. Supreme Court found unconstitutional the heterosexual definitions of “marriage” and “spouse” in the federal Defense of Marriage Act. Earlier this year, that court found same-sex marriage is a fundamental…

Read More

‘More’ does not equal ‘different’ when job duties are comparable under the Equal Pay Act

It has long been thought that the Equal Pay Act (EPA) does not apply if the male and female employees being compared for purposes of establishing pay disparities spend significant amounts of time on different job duties, even when some duties overlap. However, the Tenth Circuit recently held that if a female employee performs additional, meaning different,…

Read More

Despite settlement, EEOC continues and expands discrimination investigation

At this point, employers have become all too familiar with the new, aggressive enforcement agenda of the Equal Employment Opportunity Commission. The agency’s systemic initiative to root out alleged discriminatory employment practices has been well-publicized, and there are no signs that those efforts will be eased anytime soon. But the increase in such investigations has…

Read More

Asking about religion accommodations

An employer’s obligation to raise the issue of potential accommodations for religious discrimination under Title VII will soon receive clarification, as the U.S. Supreme Court is set to hear E.E.O.C. v. Abercrombie & Fitch Stores, Inc. this term. The case arises from a hiring decision made at the Abercrombie Kids store in Woodland Hills Mall…

Read More