Tag: Title VII

On March 7, 2018, the Sixth U.S. Circuit Court of Appeals ruled that employers in its circuit (Kentucky, Michigan, Ohio, and Tennessee) may not discriminate against employees because of failure to conform to sex stereotypes or transgender or transitioning status. The court found that discrimination against transgender people violates Title VII of the Civil Rights…

During the first week of October 2017, U.S. Attorney General Jeff Sessions released several memorandums directed to the Department of Justice, its attorneys, and component heads, as applicable. The October 4 memo addresses treatment of transgender employment discrimination claims. The October 6 memo addresses federal protections for religious liberty and was accompanied by a supplementary…

On June 24, 2013, the U.S. Supreme Court held, in Vance v. Ball State University, that an employee is a supervisor for purposes of vicarious liability under Title VII only if he or she is empowered by the employer to take tangible employment actions against the alleged victim of harassment or other unlawful activities. The decision resolved a…

Question: By law does an employer have to provide a quiet, private space for an employee to pray? Answer: Title VII of the Civil Rights Act requires an employer, once on notice that a religious accommodation is needed, to reasonably accommodate an employee whose sincerely-held religious belief, practice, or observance conflicts with a work requirement, unless doing…

Question: Can we advertise for a specific gender for home health aide positions?  (Some of our clients feel very strongly about having a same sex aide help them with their bathing and changing needs). Answer: This question has been reviewed by the Equal Employment Opportunity Commission as it relates to employment discrimination, particularly in service…

Question:  What is the EEO-1 report, what companies need to file it, and where do we get the data for the report? Answer: The EEO-1 report is a survey report that is mandated by federal regulations related to equal employment opportunity.  This report requires that company employment data be categorized by race/ethnicity, gender and job…

Question:   We have an employee who works outdoors under varying weather conditions, including extreme heat.  He is a devout Muslim and is currently observing Ramadan (so he is going without food or fluids of any kind including water all day while working).  We are concerned about his health under these work conditions – what can…

Question:  In our office, everyone sits in open spaces to work.  We do have some private rooms for meetings.  By law do we legally have to provide a quiet private space for an employee to pray? Answer: Title VII of the Civil Rights Act requires an employer, once on notice that a religious accommodation is…

Eight steps for handling employee religious accommodation requests from Eric Meyer: Do you know what to do if an employees comes into your office asking for a shift change or some other workplace accommodation because of a sincerely-held religious belief? In Jackson v. Longistics Transportation, Inc., a husband and wife who worked for Longistics, a…