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Category Archives: Title VII

November 16, 2016

Seventh Circuit holds that Title VII Does Not Apply to Sexual Orientation Claims

Tuesday, November 1, 2016 In Kimberly Hively v. Ivy Tech Community College1, the U. S. Court of Appeals for the Seventh Circuit decided that Title VII of the Civil Rights Act of 1964 does not protect employees from discrimination based on sexual orientation. The plaintiff, a teacher, claimed she was denied full employment and a  Read More arrow

June 6, 2016

EEOC ANNOUNCES INCREASE IN POSTING FINES

The Equal Employment Opportunity Commission (EEOC) will increase the monetary fines for employers’ posting violations. The EEOC announced the increase on June 2 in the Federal Register. the new fines which will more than double the previous penalty will take effect in 30 days. The EEOC requires that Employers covered by Title VII of the  Read More arrow

March 2, 2016

EEOC CHALLENGES PRIVATE EMPLOYERS ON WORKPLACE DISCRIMINATION AGAINST GAYS

For the first time, the Equal Employment Opportunity Commission has filed cases against employers accusing them of discrimination based on sexual orientation. In an action against Scott Medical Health Center in Pittsburgh, the EEOC alleges that a supervisor subjected a gay employee to anti-gay epithets, and when he complained to the Center’s management, no action  Read More arrow

October 1, 2015

Former Municipal Judge’s claim of discrimination rejected by Federal Court

A New Jersey Federal Judge has denied a motion for reconsideration filed by Wilson Campbell, a former municipal court judge. Campbell, who is African-American claimed he was the victim of racial discrimination because of his relationship with his courtroom deputy, who is white. Campbell was disciplined by the New Jersey Supreme Court for a violation  Read More arrow

June 29, 2015

Use of ‘comparator’ evidence in a discrimination suit

The U.S.  District Court has granted summary judgments to Defendants on claims under Title VII and the LAD. In,  Houston v. Dialysis Clinic, 2015 U.S. Dist. LEXIS 83151, 12-13 (D.N.J. June 26, 2015), the plaintiff alleged she had been terminated because of her race.  In opposing the defendants’ motions, she relied upon “comparator evidence” which  Read More arrow

June 16, 2015

U.S District Court Echoes N.J. Supreme Court on Analysis of whether a Plaintiff is an “Employee.”

In, Covington v. Hamilton Twp. Bd. of Educ., 2015 U.S. Dist. LEXIS 76864, 34-35 (D.N.J. June 15, 2015)   the U.S. District Court mirrored the N.J. Supreme Court in assessing the factors that should be examined in determining if a plaintiff is an “employee” for Title VII purposes. The twelve factors identified are designed to elicit  Read More arrow

June 4, 2015

Supreme Court rejects 10th Circuit Abercrombie decision

The Supreme Court has reversed the 10th Circuit’s decision that Title VII requires a showing that an unfavorable hiring decision required proof that the motivation was the result of an unwillingness to accommodate an applicant’s religious needs.   Abercrombie and Fitch had refused to hire a Muslim woman who was required to wear a hajib as a  Read More arrow

March 6, 2014

Hiding the Employee is Not the Way Around the EEOC’s New Guidance on Application of Federal Discrimination Law to Religious Dress and Grooming 

The EEOC issued new guidance to employers on how they can comply with federal discrimination law when faced with an employee’s religious dress and grooming practices issue. Once an employee puts the employer on notice that he requires a religious accommodation for his sincerely held religious beliefs or practices, the employer must, pursuant to Title  Read More arrow