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Daily Weekly  [More Information]
Article Index » title vii » general
Report Link The Ministerial Exception: How Far Is Too Far?
Fisher & Phillips, LLP - May 07, 2008
Two recent court decisions have further defined the contours of the "ministerial exception," which prohibits courts from addressing employment claims brought against religious organizations when the decisions were based on the organization's religious principals or practices. Archdiocese of Washington v. Moersen demonstrates that this exception has its limits; Klouda v. Southwestern Baptist Theological Seminary shows just how far the exception can be applied.
Report Link U.S. Supreme Court Update.
Ford & Harrison LLP - April 25, 2008
The Supreme Court has issued several employment related decisions already this year.
Report Link Surviving Discrimination Claims (Video).
Nexsen Pruet - April 21, 2008
Surviving Discrimination Claims.
Report Link Key Employment Cases On High Court Docket.
Ogletree Deakins - February 08, 2008
The U.S. Supreme Court's 2007-2008 term is currently well underway. Several of the key pending labor and employment cases are summarized below.
Report Link New Bill Calls for Increased "Accountability" by Employers under Civil Rights Statutes.
Jackson Lewis LLP - February 05, 2008
A new bill introduced by Senator Ted Kennedy and Representative John Lewis aims to reverse or modify seven workplace-related decisions handed down by the United States Supreme Court over the past two decades. Entitled the Civil Rights Act of 2008 (S. 2554/H.R. 2159), the bill aims to "restore, reaffirm, and reconcile legal rights and remedies under civil rights statutes."
Report Link Some Noteworthy Fifth Circuit Decisions.
Phelps Dunbar LLP - January 11, 2008
Over the past few months, the United States Fifth Circuit Court of Appeals, which reviews appeals of federal district court cases in Louisiana, Texas and Mississippi, addressed a seminal issue which crops up repeatedly in lawsuits - when is a parent corporation deemed to be the employer of the subsidiary's employees for purposes of a discrimination suit.
Report Link United States Supreme Court Considers Four Key Employment Cases in its New Term.
Phelps Dunbar LLP - January 10, 2008
The United States Supreme Court commenced its October 2007 with four key employment cases on its docket. Although two of the cases were granted review at the end of the last term, the remaining three cases were granted review just a few months ago, on September 25, 2007. The four cases cover a range of employment issues which will affect all employers, both small and large. The following key issues are pending before the Court.
Report Link Using The Statutory "Offer To Compromise" to Obtain Favorable Settlements.
Shaw Valenza LLP - November 05, 2007
Like all civil litigation, most employment law cases are resolved before trial. However, the plaintiff rarely just gives up.
Report Link Review of Key Federal Administrative Regulations and Guidance.
Phelps Dunbar LLP - October 23, 2007
Five key federal court decisions.
Report Link Who? . . . Me? Personal Liability for Managers.
Elarbee, Thompson, Sapp & Wilson, LLP. - September 28, 2007
Approximately one quarter of the lawsuits filed in federal courts are employment-related. Traditionally, disgruntled employees name their employers as defendants in such suits. In each dispute, however, one or more managers carried out the employment actions at issue, and employees increasingly are suing not just their employers, but their managers as well. While there is a general consensus among the courts that there is no individual liability under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act, there is less consensus as to whether managers and supervisors may be held personally liable for violations of 42 U.S.C. § 1981, The Americans With Disabilites Act, the Family and Medical Leave Act, and the Fair Labor Standards Act (“FLSA”). Moreover, managers and supervisors may be held personally liable for damages pursuant to many state tort law claims, as well as some state anti-discrimination statutes, such as the Colorado Discrimination Act.
Report Link Caregiver Discrimination: A New Angle on Sex, Race, and Disability Discrimination.
Fredrikson & Byron, P.A. - August 23, 2007
The Equal Employment Opportunity Commission (EEOC) recently issued written guidance on its approach to sex, race, and disability discrimination claims that involve caregivers. Although the guidance does not create a new protected class for caregivers, it sets forth numerous examples of employer conduct toward pregnant employees, women of color, and male and female caregivers that the EEOC will treat as sex, race, and/or disability discrimination. The guidance serves as a warning to employers to prevent bias against caregivers and indicates the potential legal consequences if they do not.
Report Link U.S. Supreme Court Wraps Up Term With Three Cases.
Ogletree Deakins - July 27, 2007
The U.S. Supreme Court recently concluded its 2006-2007 term. In the surge of decisions issued in the last few weeks of the term, the justices issued three decisions of interest for employers.
Report Link United States Supreme Court Employment Law Decisions 2006-2007.
Shaw Valenza LLP - July 18, 2007
The United States Supreme Court decided several significant employment law cases during the 2006 Term. The Court’s opinions address a number of topics, from the statute of limitations in cases alleging discriminatory pay practices, to the exempt status of home care aides under U.S. Department of Labor regulations. There presently are three important cases on the docket for next Term, summarized below. The Court may add more cases to the docket as the new Term approaches in October 2007).
Report Link EEOC Issues Guidance on Workers with Caregiving Responsibilities.
Jackson Lewis LLP - May 31, 2007
Although no federal law specifically prohibits discrimination against caregivers, the Equal Employment Opportunity Commission in its newly issued Enforcement Guidance entitled, "Unlawful Disparate Treatment of Workers with Caregiving Responsibilities," addresses in detail the circumstances in which discrimination against caregivers may violate Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act and outlines how the EEOC will approach the investigation of charges brought by caregivers.
Report Link Labor and Employment Advisory: EEOC Issues New Guidance on Work/Family Balance in the Workplace.
Buchanan Ingersoll & Rooney PC - May 25, 2007
On May 23, 2007, the EEOC issued a new Enforcement Guidance, titled "Unlawful Disparate Treatment of Workers with Caregiving Responsibilities." http://www.eeoc.gov/policy/docs/caregiving.html. The guidance identifies various ways in which employers may violate Title VII or the ADA as an increasing number of employees and applicants struggle to balance work and family obligations. The EEOC's attention to so-called "family responsibilities discrimination" means that savvy employers must now view this subject as a risk management issue.
Report Link EEOC Issues New Guidance on Work/Family Balance in the Workplace.
Buchanan Ingersoll & Rooney PC - May 24, 2007
In a new Enforcement Guidance issued by the EEOC, employers are made aware of the various ways in which Title VII or the ADA may be violated by actions (and reactions) toward employees and applicants seeking to balance work and family obligations. In addition, the EEOC advocates flexible workplace policies and practices, designed to make it easier for employees to strike this balance.
Report Link New Supreme Court term opens with few employment cases (pdf).
Ogletree Deakins - December 06, 2006
But justices will review key pay discrimination case under Title VII.
Report Link Does "Hidden Bias" Lurk in Your Workplace? (pdf).
Ford & Harrison LLP - October 18, 2006
Many employers today proudly describe themselves as “equal opportunity employers” and provide extensive diversity and antidiscrimination training for managers and supervisors to eliminate the potential for discriminatory decision making.
Report Link Some say 'Alito,' some say 'Scalito': What does it mean to employment law?
Rothgerber Johnson & Lyons LLP - May 22, 2006
After the sideshow that was Harriet Miers' nomination to succeed retiring U.S. Supreme Court Justice Sandra Day O'Connor, President Bush nominated Judge Samuel Alito to fill Justice O'Connor's shoes. Formerly a judge on the U.S. Court of Appeals for the Third Circuit, Samuel Anthony Alito Jr. was confirmed and sworn in as the 110th United States Supreme Court Justice on January 31, 2006.
Report Link 2005 Seventh Circuit Review: Key Employment Law Decisions (pdf).
Ogletree Deakins - March 06, 2006
It is with great pleasure that we present to you the 2005 Seventh Circuit Review: Key Employment Law Decisions – a summary of key employment cases decided by the Seventh Circuit Court of Appeals in 2005 prepared by Ogletree Deakins' Indianapolis and Chicago offices. The Seventh Circuit covers Indiana, Illinois and Wisconsin. The Review summarizes select Seventh Circuit cases impacting day-to-day employment decisions involving your organization. We hope you find the Review helpful in your work.
Report Link New Supreme Court Term Opens With Five Employment Cases (pdf).
Ogletree Deakins - November 09, 2005
The U.S. Supreme Court recently began its 2005-2006 term with a new lineup set to hear the 48 cases currently on its docket. The late William Rehnquist, who served as Chief Justice on the high court since 1994, was replaced by John Roberts. Justice Sandra Day O’Connor, who on July 1 announced her decision to retire, will step down after her successor is confirmed.
Report Link Years of Waiting Produce Little Guidance for Employers on Definition of Applicant.
Jackson Lewis LLP - March 09, 2004
For decades employers with federal contracts and resulting affirmative action obligations have been required to monitor their hiring practices to prevent discrimination against minority and female applicants.
Report Link Supreme Court Outlook for 2003.
Winston & Strawn - February 09, 2003
As 2003 gets underway, the U.S. Supreme Court has begun considering a number of cases that will impact employers.
Report Link Memorandum Of Understanding.
Equal Employment Opportunity Commission - November 01, 1997
Memorandum of Understanding Between the National Association of Attorneys General and the EEOC. Discusses establishment of institutional mechanisms for communication, cooperation and joint work on affirmative enforcement of employment discrimination laws.
Report Link Resource Site.
CCH - (No Date)
This section of CCH's Business Owner's Toolkit contains summaries of the most prominent federal employment law statutes.
Report Link Small Business Information.
Equal Employment Opportunity Commission - (No Date)
Includes overviews of most discrimination topics, from coverage issues to contact information.

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