Discrimination
Seventh Circuit Revives Teacher’s Religious Discrimination Case Over Transgender Students’ Names and Pronouns
On July 31, 2023, the Seventh Circuit Court of Appeals revived a Christian teacher’s religious discrimination lawsuit over his refusal to refer to transgender students by their names and pronouns with which they identified. The case highlights the tension between discrimination against LGBTQ+ individuals and discrimination based on religion amid evolving and sometimes conflicting legal…
Read MoreFifth Circuit Eviscerates a Requirement for Title VII Claims. What’s Next?
In its recent en banc opinion in Hamilton v. Dallas County, the U.S. Court of Appeals for the Fifth Circuit overturned nearly 30 years of precedent that required Title VII plaintiffs to allege that they had been subjected to an “ultimate employment decision.” As a result, a host of heretofore unactionable conduct just became subject…
Read MoreFifth Circuit Upends 30 Years of Title VII Precedent, Making it Easier for Employees to Bring Discrimination Claims
Last week, the Fifth Circuit Court of Appeals upended longstanding, employer-friendly precedent in cases brought under Title VII of the Civil Rights Act. For decades, an employment discrimination plaintiff in the Fifth Circuit had to demonstrate the “adverse employment action” forming the basis of their complaint constituted an “ultimate employment decision”—which the Court of Appeals…
Read MorePre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees
Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly regulating and limiting pre-employment background checks to protect prospective employees from perceived unfair or illegal treatment. Given this trend, we thought…
Read MoreSupreme Court Clarifies Undue Hardship Standard for Religious Accommodation Requests Under Title VII
On June 29, 2023, the U.S. Supreme Court unanimously ruled in Groff v. DeJoy that Title VII of the Civil Rights Act of 1964 requires an employer that denies a religious accommodation to show that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular…
Read MoreThe Supreme Court Redefines the Religious Accommodation Obligation for Employers
On June 29, 2023, a unanimous U.S. Supreme Court ruled that religious accommodations under Title VII of the Civil Rights Act must be provided to employees or prospective employees unless the employer is able to demonstrate that the burden is substantial. The Court rejected the “de minimus” standard as a misreading of the Court’s precedent…
Read More“Not a Good Fit” Might Be Grounds for Termination – But You Must Be Able to Back It Up
Employers sometimes assert that an employee is “not a good fit” for the company. Such vague terminology may be problematic when the employee claims that their termination was actually because of illegal discrimination or harassment. But the U.S. Court of Appeals for the Fourth Circuit upheld an employer’s “not a good fit” determination because the…
Read MoreSupreme Court Hears Oral Argument on Title VII Religious Accommodation Standard
On April 18, 2023, the U.S. Supreme Court heard oral argument in Groff v. DeJoy, a case raising the issue of how great a burden an employer must bear in order to accommodate an employee’s religious belief or practices. By way of background, Title VII, as adopted in 1964, prohibits discrimination on the basis of…
Read MoreThe Speak Out Act: What Employers Need to Know
Employers should be aware of and immediately take measures to comply with the Speak Out Act, which took effect on December 7, 2022. The Act prohibits nondisclosure agreements (NDAs) and nondisparagement agreements designed to prevent current and former employees from discussing sexual harassment and assault. Employers routinely require employees to sign NDAs and nondisparagement agreements…
Read MorePros and Cons About Zero Tolerance Policies
Recently, a white employee was fired under a company’s zero-tolerance policy when he was overheard discussing a rap artist on a company phone. In another incident, a school security guard in Madison, Wisconsin, who was Black, was fired under the school district’s zero tolerance policy when he objected to a student referring to him using…
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