Employment Discrimination

After a nearly six-year legal battle, the Fifth Circuit has struck down the U.S. Equal Employment Opportunity Commission’s 2012 Enforcement Guidance on the consideration of criminal history in employment decisions.  On August 6, a three-judge panel held that the Guidance was a substantive rule the EEOC had no authority to issue and that the EEOC can no longer enforce the Guidance or treat it as binding in any respect.
Continue Reading EEOC Criminal History Guidance Struck Down by Fifth Circuit

In a unanimous 9-0 decision authored by Justice Ginsburg, the U.S. Supreme Court resolved a split amongst the circuit courts of whether filing a charge of discrimination pursuant to Title VII is a jurisdictional prerequisite or a claims-processing rule.
Continue Reading SCOTUS Unanimously Holds That Charge Filing Requirement in Title VII is Procedural, Not Jurisdictional

There may be some changes coming to how California enforces its antidiscrimination law, the Fair Employment and Housing Act.  In February 2017, a bill was introduced in the California Senate proposing to allow local government entities to enforce antidiscrimination statutes. 
Continue Reading California’s Department of Fair Employment and Housing Will Study Local Enforcement of State Employment Anti-Discrimination Law

On October 5, 2017, Attorney General Jeff Sessions released a formal letter on behalf of the United States Department of Justice stating the DOJ’s official position that Title VII “does not prohibit discrimination based on gender identity per se, including transgender status,” officially retracting the DOJ’s previous position under the Obama Administration and setting up a direct conflict with the EEOC’s current position on the scope of Title VII.
Continue Reading The DOJ’s About-Face on Gender Identity Discrimination under Title VII

In a landmark ruling on April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, became the first federal appellate court to officially recognize a discrimination claim under Title VII based solely on the plaintiff’s sexual orientation.
Continue Reading Circuit Courts Reevaluate Sexual Orientation Discrimination Claims Under Title VII

It has been ironclad law since the enactment of the Title VII of the Civil Rights Act in 1964 that the Act’s prohibition against discrimination “because of . . . sex” does not include sexual orientation. Federal law does not prohibit employers from terminating someone for being gay or lesbian. For now, at least.
Continue Reading Court Ruling Confirms Sexual Orientation Claims Not Permitted By Federal Law . . . But Foundation Continues To Crack

Enforcing a race-neutral grooming policy that prohibits employees from wearing dreadlocks is not intentional racial discrimination under Title VII. That is what the Eleventh Circuit recently held in Equal Employment Opportunity Commission v. Catastrophe Management Solutions, — F.3d —, No. 14-13482, 2016 WL 4916851 (11th Cir. Sept. 15, 2016).
Continue Reading Eleventh Circuit Rejects EEOC’s Claim that Employer’s Race-Neutral Policy of Prohibiting Dreadlocks Violates Title VII

On August 29, 2016, the U.S. Court of Appeals for the Second Circuit issued Vasquez v. Empress Ambulance Service, Inc., — F.3d —, No. 15-3239-CV, 2016 WL 4501673 (2d Cir. Aug. 29, 2016), holding that an employer may be held liable for a low-level employee’s animus under the cat’s paw theory of liability if the employer’s own negligence allows that animus to result in adverse employment action against another employee.
Continue Reading Second Circuit Sinks Claws Into Employers With Broad Interpretation Of Cat’s Paw Theory

Since President Lyndon B. Johnson signed Executive Order 11246 in 1965, the Office of Federal Contract Compliance Programs (OFCCP) has been charged with ensuring nondiscrimination and affirmative action for females in employment. In 1970, regulations were issued to further this goal, known as the Sex Discrimination Guidelines, codified at 41 CFR Part 60-20. Those guidelines have not been substantially updated in the 46 years since. Until now, that is. The DOL acknowledges the Guidelines have become “out of touch with current law and with the realities of today’s workforce and workplaces.” See: OFCCP Fact Sheet on Sex Discrimination Final Rule. So, the OFCCP is bringing the Guidelines “from the ‘Mad Men’ era’ to the modern era.’”
Continue Reading DOL Updates Sex Discrimination Guidelines For First Time In 46 Years