Category Archives: Title VII

EEOC says sexual orientation discrimination is sex discrimination in two recently filed federal lawsuits

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...
Read more

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...
Read more

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...
Read more

EEOC says restricting a transgender employee’s access to female restroom until after sex reassignment surgery can be discrimination under Title VII

In Lusardi v. McHugh, Secretary of Army, the Equal Employment Opportunity Commission (EEOC) concluded that a transgender employee was subject to disparate treatment because she was denied use of the female restroom until after her sex reassignment surgery had taken place.  In finding that the Army discriminated against the complainant...
Read more