On March 1, 2016, the EEOC filed two lawsuits under Title VII of the 1964 Civil Rights Act that address whether Title VII’s prohibition against sex discrimination includes discrimination based on sexual orientation. In EEOC vs. Scott Medical Health Center, filed in the Western District of Pennsylvania, the EEOC alleges...
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Category Archives: Discrimination and Harassment
Third Circuit rules that employer can be sued under Title VII by temporary workers leased from staffing companies
The Third Circuit Court of Appeals recently held in Faush vs. Tuesday Morning, Inc. that a temporary worker hired by a staffing company could sue the company where he was placed for race discrimination under Title VII. The key issue before the court was whether an “employment relationship” existed between the...
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Third Circuit decision benefits employers in “suspension with pay” claims under Title VII
Title VII of the 1964 Civil Rights Act prohibits discrimination in “compensation, terms, conditions, or privileges of employment.” An employee filing suit under Title VII for discrimination on the basis of a protected characteristic must prove as part of the prima facie case that an employer subjected the individual to...
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Where did Abercrombie go wrong?
On June 1, 2015, the Supreme Court of the United States released its anticipated decision in the Equal Employment Opportunity Commission (EEOC) v. Abercrombie & Fitch Stores, Inc. Samantha Elauf sued Abercrombie & Fitch under Title VII for Abercrombie & Fitch’s failure to hire Ms. Elauf, a practicing Muslim, based...
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Existing Sex Discrimination Guidelines are about to get a makeover
On January 28, 2015, the U.S. Department of Labor issued a Notice of Proposed Rulemaking to rescind the current Sex Discrimination Guidelines, 41 C. F. R. § 60-20.1, et. seq., and replace them with provisions that would align with current law, legal interpretations and workplace environments. The purpose of this...
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