Articles Discussing General Issues Under Title VII.
11th Circuit Finds Race and Gender-Based Grant Program Likely Unlawful
On June 3, 2024, the U.S. Court of Appeals for the Eleventh Circuit granted a preliminary injunction prohibiting a venture capital fund from awarding grants based on race and gender. In reversal of the district court, the majority found the grant contest “substantially likely to violate” 42 USC Section 1981,
It’s about Tyne to Try Something New: The Burden of the Standard of Proof
In January, the Eleventh Circuit issued a decision that likely will impact employers’ litigation strategies in discrimination cases.
Muldrow v. City of St. Louis: Will SCOTUS Lighten the Prima Facie Burden For Title VII Plaintiffs?
Eleventh Circuit: McDonnell Douglas Is Not Be-All and End-All for Title VII Discrimination Claims
The U.S. Court of Appeals for the Eleventh has spoken, and employers that once relied exclusively on McDonnell Douglas might need to rethink their litigation strategy in employment-discrimination cases.
Evolving Standards for Title VII Claims in Fifth Circuit and Others Federal Appellate Courts
Plaintiffs need not allege discrimination with respect to an “ultimate employment decision” under Title VII of the Civil Rights Act to survive a motion to dismiss, the U.S. Court of Appeals for the Fifth Circuit held, overturning precedent. Hamilton v. Dallas County, No. 21-10133, 2023 U.S. App. LEXIS 21780 (Aug. 18, 2023).
Fifth Circuit Overturns Decades-Old Precedent, Expands Scope of Employment Discrimination Claims
On Friday, August 18, the US Court of Appeals for the Fifth Circuit issued a landmark decision overturning nearly 30 years of precedent limiting plaintiffs in Title VII cases to claims based on “ultimate employment decisions.” Where previously employment discrimination claims were limited to actions such as “hiring, granting leave, discharging, promoting, and compensating,” employees can now pursue claims based on any discriminatory practice that alters the “terms, conditions, or privileges of their employment.”
The Fifth Circuit Announces New Standard for Pleading a Title VII Claim
The U.S. Court of Appeals for the Fifth Circuit recently announced that Title VII plaintiffs are no longer required to plead an “ultimate employment decision” to properly allege a disparate treatment claim.
When employers receive a “Power Harassment” claim in Japan that doesn’t seem to be tied to a protected category, do employers still need to investigate the complaint?
Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases
On October 26, 2022, the U.S. Court of Appeals for the Seventh Circuit handed employers another reminder of the potential benefits of consistent management.
Full Fifth Circuit to Rehear Case Challenging Its ‘Ultimate Employment Decisions’ Rule
The full U.S. Court of Appeals for the Fifth Circuit will rehear a case to decide whether its standard for proving workplace discrimination under Title VII of the Civil Rights Act improperly screens out legitimate discrimination Title VII complaints.
Circuit Panel Invites Full Court to Reconsider Title VII ‘Ultimate Employment Decisions’ Rule
Holding a gender-based scheduling policy giving only male detention service officers full weekends off was not unlawful discrimination under Title VII of the Civil Rights Act, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit has invited the full circuit court to revisit its standard for proving workplace discrimination.
Second Circuit Clarifies Factors to be Considered in Pleading a Joint Employer Relationship for Title VII Liability
Executive Summary: On March 7, 2022, a sharply divided panel of the Second Circuit (covering New York, Connecticut, and Vermont) addressed the question of what a Title VII plaintiff must claim to adequately plead the existence of an employer-employee relationship under the joint employer doctrine. See Felder v. United States Tennis Association (2d Cir. 2022). Generally, a company is only liable for discrimination against employees and applicants for employment; however, if a company does not directly employ a person, it may be liable as a joint employer. Felder is the first time the Second Circuit has confronted the question of what factors must be alleged to adequately plead a joint-employment relationship. Over a vigorous dissent, the court joined its sister circuits and concluded that non-exhaustive factors drawn from the common law of agency, including control over an employee’s hiring, firing, training, promotion, discipline, supervision, and handling of records, insurance, and payroll, are relevant to this inquiry.
“Yellowjackets” Star Is Body Shamed on Set by a Co-Worker: Is That Illegal?
Melanie Lynskey, a star of the new Showtime series “Yellowjackets,” recently recounted an incident in which a co-worker allegedly criticized her body on set. According to Lynskey, a production team member asked her what she planned to do about her weight and suggested that the show’s producers would be
Tenth Circuit Affirms Dismissal of Locum Tenens’ Discrimination Claims Because Physician Was Not A Hospital Employee
Title VII prohibits discrimination at the workplace based on race, color, sex, and national origin. But, only “employees” can bring claims under Title VII as the law does not protect independent contractors. The Tenth Circuit (covering Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah) was asked to determine whether a