Category Archives: Title VII

EEOC Issues Proposed Enforcement Guidance of Unlawful Harassment, Seeks Comment

by Amelia J. Holstrom On January 10, 2017, the Equal Employment Opportunity Commission (EEOC) issued its Proposed Enforcement Guidance on Harassment.  The proposed guidance touches on a number of matters, both new and old. In the majority of the 75-page … Continue reading

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Are Casting Calls for Actors of Certain Races or National Origins Illegal?

by Stefanie M. Renaud If you are anything like me, you’ve been glued to your T.V. for the past few weeks, fervently watching the explosive second season of Netflix’s original hit show Narcos.  The show features a dramatized version of … Continue reading

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DOJ Weighs In on Transgender Rights

by Amelia J. Holstrom This week the United States Department of Justice joined a list of entities that have taken a position on the issue of transgender rights.  In mid-April, Target announced that transgender workers and customers could use the bathroom … Continue reading

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Young v. UPS: What Do Massachusetts Employers Need to Know?

by Erica E. Flores In 2006, a part-time UPS delivery driver named Peggy Young became pregnant and was advised by her doctor not to lift more than 20 pounds during the first 20 weeks of her pregnancy and not to lift … Continue reading

Posted in Americans with Disabilities Act, Discrimination, Handicap Discrimination, Policies, Reasonable Accommodation, Supreme Court, Title VII | Leave a comment

OFCCP Issues Directive on Gender Identity and Sex Discrimination

by Kimberly A. Klimczuk Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive clarifying that the agency’s existing guidance on discrimination on the basis of sex under Executive Order 11246 includes discrimination on the bases of gender … Continue reading

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U.S. District Court in Oregon Declines to Extend Supreme Court’s “But For” Causation Standard to ADA Discrimination Claims

As we reported back in June, the Supreme Court recently ruled in  Univ. of Tex. Sw. Medical Center v. Nassar that while employees’ Title VII discrimination claims must meet the “motivating factor” test, employees’ Title VII retaliation claims must meet the … Continue reading

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U.S. Supreme Court Decisions Include Two Big Wins for Employers

Two long-awaited U.S. Supreme Court decisions have come down that have an impact on employment law.  The first involves the question of who is and who is not a supervisor, which is an important distinction in the determination of employer … Continue reading

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$600,000 EEOC Settlement Serves as Reminder to Take All Harassment Complaints Seriously

The Equal Employment Opportunity Commission (“EEOC”) recently settled its lawsuit against the popular New York eatery, Sparks Steak House, for $600,000.  The complaint alleged that Sparks violated Title VII of the 1964 Civil Rights Act by permitting its male managers … Continue reading

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Who Is and Who Is Not a Supervisor under Title VII?

At oral argument on Monday, November 26, 2012, the Supreme Court took one step closer to ending a split of opinion among the Circuit Courts of Appeal regarding the definition of “supervisor” for purposes of harassment claims brought pursuant to … Continue reading

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Employer Who Hired Plaintiff May Still Be Liable For Hiring Discrimination

Most employers know that it is unlawful to discriminate on the basis of gender when hiring employees.  What they may not realize is that an employer can still be sued for discriminatory hiring even if the employee was ultimately hired. … Continue reading

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