Tag: Title VII

EntertainHR: Red Carded: What The World Cup Can Teach Employers About National Origin Harassment In The Workplace 

My personal feelings about FIFA aside, it’s hard not to conclude that the 2026 World Cup was an absolute success.  Whether it was foreigners discovering the beauty of the Americas (including our love of giant gas stations and ranch dressing), the Tartan Army of Scotland drinking Boston dry, or the Norwegians showing the proper form in rowing, our divided country, if not the world, […]

DOJ Opinion Declares EEOC Regulations on Disparate Impact Unconstitutional

In response to a request from the Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas, the Department of Justice’s (DOJ) Office of Legal Counsel (OLC) on June 9 issued an opinion declaring the EEOC’s current guidance on disparate impact under Title VII of the Civil Rights Act of 1964 to be unconstitutional.  Background  The concept […]

religious

Beyond De Minimis: Navigating Religious Accommodation After Groff v. DeJoy

Title VII of the Civil Rights Act of 1964 requires employers to accommodate the religious practices of their employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” Based on one sentence from a 1977 U.S. Supreme Court opinion, federal courts previously interpreted “undue hardship” to mean any effort […]

Circuit

4th Circuit Rules Agreements Can’t Shorten Time to File Antidiscrimination Claims

The federal statutes prohibiting employment discrimination, such as Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act (ADEA), establish specific periods during which employees must act to timely pursue a claim. In a recent decision, the U.S. 4th Circuit Court of Appeals (which encompasses Maryland, North Carolina, South […]

Battle of the Sexes: Federal and State Orders Don’t Erase Title VII Obligations

Employers may recall that earlier this year, President Trump signed an Executive Order (EO) limiting the recognition of gender to male and female. Texas Governor Greg Abbott then passed a similar directive shortly after and has also signed a bill into law that could affect how employers should address their employees. However, employers shouldn’t neglect […]

Setting the Record Straight on “Reverse Discrimination” Claims 

On June 5, 2025, the Supreme Court decided Ames v. Ohio Department of Youth Services. The case’s core question asked: do employees of traditional “majority” groups need to establish additional requirements in order to prove a Title VII claim? This seemingly simple question had frequently divided federal courts across the country. The Court’s unanimous opinion, […]

Supreme Court Eliminates ‘Background Circumstances’ Test for Title VII Claims

In a unanimous decision, the U.S. Supreme Court has formalized and affirmed the legal standard for employment discrimination claims for nonminority groups under Title VII of the Civil Rights Act of 1964. What Changed? Typically, in Title VII cases, employees must show they are members of a protected class, they were qualified for the job […]

Decades After Lilly Ledbetter’s Fight for Equal Pay, Disparities Still Exist

Lilly Ledbetter, an unintentional icon in the fight for equal pay, passed away on October 12, 2024, at the age of 86. Ledbetter filed a lawsuit in 1999 that sparked an equal pay movement throughout the United States. More than 25 years later, pay disparities still exist in every state. Over the years, Massachusetts has […]

Take Steps to Ensure WARN Act Compliance in the Age of Remote Work

As remote work arrangements proliferate, it’s crucial for employers to remain compliant with legal obligations, including those outlined in federal and state Worker Adjustment and Retraining Notification (WARN) acts. State WARN acts are sometimes called “mini-WARN” laws. Generally, WARN laws require a covered employer to provide substantial notice (60 days for the federal statute) to […]

Supreme Court Ruling Requires More Rigor from Employers for Employee Requests for Religious Accommodations

Title VII of the Civil Rights Act of 1964 requires employers to accommodate their employees’ religious practices so long as doing so wouldn’t impose an undue hardship on the employers.  Title VII Title VII, as amended, protects employees and job applicants from employment discrimination based on race, color, religion, sex, and national origin.  Whom Does […]