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Home > Federal Law Articles > Title VII > General (Title VII)

Articles Discussing General Issues Under Title VII.

Seventh Circuit Ruling Reminds Courts Not to Draw ‘Narrow’ Comparisons in Title VII Cases

November 4, 2022 | Ogletree Deakins Filed Under: General (Title VII)

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

October 20, 2022 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

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

August 15, 2022 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

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

March 22, 2022 | Ford Harrison Filed Under: General (Title VII)


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?

January 26, 2022 | Ford Harrison Filed Under: General (Title VII)

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

December 16, 2021 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

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

Employer, You May Be Responsible for That: Vicarious Liability and Netflix’s Squid Game

November 2, 2021 | Ford Harrison Filed Under: General (Title VII)

I was so proud of myself at the beginning of the pandemic for not giving into the hype and watching Netflix’s Tiger King. In the face of countless memes, tweets, and discussions, I remained undaunted in the face of the social pressure to engage the show.  

When Netflix

Consistently Inconsistent: An Example of Shifting Reasons for Employment Termination Precluding Summary Judgment

October 20, 2021 | Ogletree Deakins Filed Under: General (Title VII)

The U.S. District Court for the Western District of Texas recently denied an employer’s motion for summary judgment when its alleged shifting reasons for terminating the plaintiff’s employment contract raised genuine issues of material fact as to whether those reasons were a pretext for discrimination and/or retaliation.

Plaintiff’s Employment Discrimination Civil Action Is Timely—Until It Is Not

October 13, 2021 | Ogletree Deakins Filed Under: General (Title VII)

A district judge for the U.S. District Court for the Eastern District of Virginia recently dismissed a case due to the plaintiff’s failure to file suit within the allotted time identified in the notice of right to sue (NRTS) that the U.S. Equal Employment Opportunity Commission (EEOC) issued.  Moyer v.

EEOC Argues for Broader Causation Standard and Provides a Peek into the EEOC’s Future Focus

March 1, 2021 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

Legal precedent, including language from the U.S. Supreme Court, requires federal courts to take a broad view of the “but-for” causation standard for determining unlawful age discrimination in the workplace, Equal Employment Opportunity Commission (EEOC) said in support of rehearing in a bank teller’s case.

U.S. Supreme Court Denies Petition Seeking to Scrap McDonnell Douglas Burden-Shifting Analysis

February 23, 2021 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

Arguing the decades-old analysis is no longer helpful to anyone, Reginald Sprowl petitioned the U.S. Supreme Court to scrap application of the McDonnell Douglas burden-shifting analysis in Title VII race discrimination and retaliation claims. On January 19, 2021, the Supreme Court rejected Sprowl’s petition and denied certiorari. Sprowl v. Mercedes-Benz


EEOC: A “Pattern and Practice” is Not a Standalone Basis to Sue

September 11, 2020 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued an opinion letter clarifying its authority to bring “pattern and practice” lawsuits under § 707(a) of Title VII of the Civil Rights Act of 1964. The Commission’s detailed guidance, issued September 3, 2020, announces a more restrained approach by the agency

EEOC to Resume Dismissing Charges of Discrimination Following Suspension due to COVID-19 Pandemic

August 4, 2020 | Jackson Lewis Filed Under: Coronavirus, EEOC, General (Title VII)

Jackson Lewis

The Equal Employment Opportunity Commission (EEOC) announced on August 3, 2020, that it will begin dismissing charges that were suspended because of the COVID-19 pandemic.

BREAKING NEWS: Pay Data Portal Ordered Closed

March 26, 2020 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

It seems the end has finally come for at least one part of the pay data reporting story.  On Monday, February 10, Judge Chutkan ordered the EEO-1 Component 2 pay data reporting portal closed.  The closing of the portal signals the end of the required collection of pay data for

Refusal To Re-take Physical Abilities Test Dooms Plaintiff’s Ability To Allege Adverse Employment Action

March 6, 2020 | Jackson Lewis Filed Under: General (Title VII)

Jackson Lewis

The absence of an adverse employment action by an employer routinely is fatal to a claim of discrimination (absent proof of constructive discharge). This bedrock principle was reiterated recently in a case where an applicant alleged that she was forced to resign after failing a physical abilities test. Jane D.


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