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Showing 20 posts in Title VII of the 1964 Civil Rights Act.

Sexual Harassment Mistakes Employers Make

By Cynthia L. Effinger on April 9, 2015
Posted In EEOC, Employee Misconduct, Title VII of the 1964 Civil Rights Act

Sexual harassment claims can quickly become a nightmare for employers, but so many aspects of the nightmare are caused in part by the employer’s own actions. The employer has opportunities to mitigate the damage in two key areas – the sexual harassment policy itself before the alleged harassment incident and the investigation that takes place afterword. This post will look at mistakes made in these two particular areas that can hurt employers and lead to potentially costly damages. More >

Employers – Don’t Be a Victim of Suspicious Timing

April 1, 2015
Posted In EEOC, Title VII of the 1964 Civil Rights Act

Where there’s smoke, there may be fire – at least, that appears to be a key takeaway from the Seventh Circuit case of Ledbetter v. Good Samaritan Ministries. The holding in this case is predicated on the notion that suspicious timing in an adverse employment action can give rise to a claim of retaliation under Title VII in absence of other solid evidence. More >

Nuns, Firefighters and Title VII: Are Volunteers Eligible for Protection?

March 2, 2015
Posted In Civil Rights, Title VII of the 1964 Civil Rights Act, Volunteer

Volunteerism is a staple of American life. According to the Corporation for National and Community Service, 62.6 million Americans volunteered nearly 7.7 million hours in 2013, adding up to an estimated value of $173 billion. Organizations such as the Salvation Army, the Red Cross, and Habitat for Humanity depend on volunteers to serve the communities in which they live. But even beyond not-for-profit charitable organizations, for-profit businesses routinely open their doors to students and others who are willing to file, prepare mailings, or shred documents in exchange for some experience to put on their resume. More >

“Too Black”: Waitress’s Claim of Color Bias Raises Novel Title VII Claim

February 25, 2015
Posted In Adverse Employment Action, Civil Rights, Employment Discrimination Laws, Title VII of the 1964 Civil Rights Act

Title VII of the 1964 Civil Rights Act prevents discrimination in employment decisions based upon an employee’s race, color, religion, sex, or national origin. Bias claims based on a claimant’s skin color are nearly unanimously predicated upon bias against ‘race’ rather than ‘color.’ Circumstances can arise, as the Fifth Circuit found, where ‘color,’ rather than ‘race,’ is a discrete type of alleged discrimination. In a novel holding, the U.S. Court of Appeals for the Fifth Circuit ruled in Etienne v. Spanish Lake Truck & Casino Plaza, LLC that a separate claim of ‘color’ can provide the necessary foundation for a claim of discrimination based on ‘race.’ More >

Employment at Will Comes with Many Exceptions

February 24, 2015
Posted In At-will employment, Employment Discrimination Laws, Family and Medical Leave Act (“FMLA”), National Labor Relations Board (NLRB), Title VII of the 1964 Civil Rights Act

Kentucky employment law generally recognizes that most employment is “at-will” – meaning, employees serve at the pleasure of the employer, and termination of an employee does not require “just cause.” There are several circumstances, however, where laws and other factors prohibit employers from terminating an employee without a well-documented showing of cause. Employers should be aware of the circumstances under which they may not terminate an employee without just cause. More >

EEOC Sues Companies for Transgender Discrimination

October 13, 2014
Posted In EEOC, Employee Hazards, Hiring and Firing, Litigation, Title VII of the 1964 Civil Rights Act

The Equal Employment Opportunity Commission (“EEOC”) has just filed suit against two companies for alleged discrimination against transgendered employees. The suits were filed separately in Florida and Michigan, against Lakeland Eye Clinic and G.R. Harris Funeral Homes, Inc., respectively. In both cases, employees alleged that they were fired after they disclosed they were undergoing gender transitions. More >

“Sex-Plus” Discrimination Equals Possible Liability

March 10, 2014
Posted In Adverse Employment Action, Employment Discrimination Laws, Employment Law, Litigation, Shazor v. Prof’l Transit Mgmt., Title VII of the 1964 Civil Rights Act

The Sixth Circuit recently addressed whether a “sex-plus” claim of discrimination can be made under Title VII of the 1964 Civil Rights Act. "Sex plus" refers to policies or practices by which an employer classifies employees on the basis of sex plus another characteristic, such as race or age. The case, Shazor v. Prof’l Transit Mgmt., Ltd., 2014 BL 42520, 6th Cir., No. 13-3253, 2/19/14, reinforces the concept that employers must consider employees’ protected traits as an “intersectional” whole, rather than separate, individual aspects. More >

The Christmas Conundrum, continued

December 4, 2013
Posted In Compensatory time off, Davis-Bacon and Related Acts, Employee Benefits, Employee Contracts, Employment Law, Government employees, McNamara O’Hara Service Contract Act, Paid Time Off ("PTO"), Title VII of the 1964 Civil Rights Act

On Monday we discussed the basic framework for providing employees with days off during recognized religious holidays.  A related issue commonly presented during the holiday season is whether employees must be paid for their time off. More >

The Christmas Conundrum

December 2, 2013
Posted In Compensatory time off, Employee Benefits, Employee Handbook, Employment Law, Paid Time Off ("PTO"), Title VII of the 1964 Civil Rights Act

The holidays are a joyous time of year, but many employers face the season with a certain sense of trepidation as their employees inevitably request time off work.  As the holiday season kicks into full gear, now is a good time for employers to refresh themselves on basic guidelines for granting and denying employees’ vacation requests. More >

Victories for Employers at the Supreme Court Level

July 1, 2013
Posted In Employment Law, Litigation, Supervisor, Tangible employment actions, Title VII of the 1964 Civil Rights Act, Vance v. Ball State University

The United States Supreme Court just issued two very important employment-related rulings and both of the decisions are big wins for employers. Today, let’s take a look at the first case: Vance v. Ball State University (decided June 24, 2013), which centered on employers’ liability for workplace harassment. More >

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