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Showing 51 posts in Title VII.

Evans Vows to Take Sexual Orientation Discrimination Case to the U.S. Supreme Court

The Supreme Court may soon answer the most significant question to arise under Title VII in recent years: is sexual orientation discrimination “sex discrimination” within the meaning of the statute? The case to watch: Evans v. Georgia Regional Hospital. More ›

Seventh Circuit Opinion Highlights Importance of Proactively Addressing and Documenting Employee Performance

Every employer has faced the unfortunate experience of hiring an employee whose performance fell well below expectation. As highlighted in the Seventh Circuit’s recent Ferrill v. Oak Creek-Franklin Joint School District decision, employers faced with poor performing employees should carefully address and document such shortcomings to ward off potential Title VII charges. More ›

Supreme Court Leaves Transgender Bathroom Issue Unresolved

Gavin Grimm is a transgender boy living in Virginia.  Grimm attends school in the Gloucester County School District, which adopted a new policy requiring students to use the bathroom of their birth gender.  Previously, Grimm had been given permission to use the boys restroom and did so for almost 2 months without any incident.   After complaints from parents, the new policy was put into place. Grimm fought this new policy requesting the right to continue using the boys' restroom. More ›

EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited by statutes enforced by the EEOC. The Guidance examines three primary elements of a harassment claim. First, is the conduct based on a legally protected status; second, is the conduct sufficiently severe or pervasive to create a hostile work environment; and third, is there a basis for employer liability. The 75-page treatise covers key case law since the Supreme Court first recognized harassment as an actionable form of discrimination in 1986. More ›

EEOC Issues New Guidance on National Origin Discrimination

On November 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidelines regarding national origin discrimination. Since 2002, the EEOC has observed significant legal developments addressing national origin discrimination, warranting the need to replace its earlier guidelines. In 2015, approximately 11 percent of the 89,385 private sector charges filed with EEOC alleged national origin discrimination. These charges included unlawful failures to hire, unlawful terminations, harassment and language-related policies. More ›

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. 

That order, signed in 2014 and scheduled to take effect on October 25, 2016, has three discrete parts, each described as being designed to help executive departments and agencies identify and work with contractors who will comply with labor laws while performing federal contracts.  More ›

Join Us October 20, 2016 for Hinshaw's 21st Annual Labor & Employment Seminar

It's that time of year again! School's back in session, the leaves are starting to change, and Hinshaw is putting on its annual Labor & Employment Seminar! Thursday, October 20th is the big day in Hoffman Estates, Illinois. Have you been wondering... More ›

The Writing is on the Wall, Yet Seventh Circuit Holds Sexual Orientation Is Not a Protected Class Under Title VII

Earlier this week, the Seventh Circuit Court of Appeals held in Hively v. Ivy Tech Community College that Title VII does not protect employees or offer redress for discrimination based on sexual orientation.  As a result, discrimination against an employee based solely on sexual orientation is not prohibited by federal law, while discrimination against an employee based on gender non-conformity claims is prohibited. More ›

Title VII Posting Violation Penalties Increase 150% Effective July 1, 2016

The EEOC has increased the maximum penalty for employers that violate the posting provisions of Title VII, the Americans with Disability Act ("ADA") and the Genetic Information Nondiscrimination Act ("GINA") from $210 to $525 per violation, more than doubling the prior penalty amount. They state the increase is due to inflation and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The increase goes into effect July 1, 2016. The last increase was in 2014 but this increase is the largest increase in history. More ›

SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases

The U.S. Supreme Court held in Green v. Brennan that the statute of limitations for a constructive discharge begins to run on the date of resignation, not the date of the employer’s last discriminatory act, resolving a circuit split. As a result, in determining the deadline for filing a charge of discrimination with the EEOC, constructive discharge cases will be treated the same way as actual discharge cases. More ›

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