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Tag Archives: Title VII

Trials & Tribulations: Court rules on Title VII violation by Abercrombie & Fitch

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On June 1, the U.S. Supreme Court determined that a prospective employer violates Title VII’s prohibition against religious discrimination if the employer fails to hire an applicant because it seeks to avoid accommodating a religious practice, even if the employer ...

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Injunction OK in sex harassment case

A district court abused its discretion where, in the face of egregious acts of sexual harassment perpetuated by a single employee, it declined to order injunctive relief directed toward ensuring that individual was no longer in a position to continue ...

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EEOC to focus on disability, LGBT

Disability bias claims, Title VII protection for lesbian, gay, bisexual and transgendered individuals, and accommodations for pregnant women who have been forced to take unpaid leave are among the emerging issues that the Equal Employment Opportunity Commission is prioritizing, according ...

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Back, front pay awards subject to tax withholding

A Title VII plaintiff’s awards of back and front pay constituted “wages” subject to withholding under the Internal Revenue Code, the U.S. Court of Appeals for the Second Circuit ruled in reversing judgment, Noel v. New York State Office of ...

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Employer isn’t liable for same-sex stereotyping

An employer had no liability under federal discrimination law for homophobic slurs and gestures allegedly experienced by a heterosexual employee, the 5th Circuit has ruled in vacating a $250,000 judgment. The plaintiff worked for the defendant on a construction crew. ...

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Second Circuit — Title VII: Chin v. Port Auth. of N.Y. & N.J.

U.S. Court of Appeals for the Second Circuit Title VII Damages and Equitable Relief — Statute of Limitations Chin v. Port Auth. of N.Y. & N.J. 10-1905-cv(L) Judges McLaughlin, Cabranes and Livingston Background: The defendant-appellant Port Authority and plaintiff-appellants both ...

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WDNY — Title VII: Lopez, et al. v. Flight Services & Systems Inc.

U.S. District Court, WDNY Title VII English-only Work Policy Lopez, et al. v. Flight Services & Systems Inc. 07-cv-6186 CJS Judge Siragusa Background: The plaintiffs were hired by the defendant as entry-level ramp agents. After approximately seven months of employment, the ...

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Second Circuit — Title VII: Townsend v. Benjamin Enterprises Inc.

U.S. Court of Appeals for the Second Circuit — Title VII Internal Investigations — Faragher/Ellerth Defense Townsend v. Benjamin Enterprises Inc. 09-0197-cv(L) Judges Livingston, Lohier and Koeltl   Background: Both parties appealed from a final decision that granted summary judgment ...

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Worker can sue over same-sex touching

A female corrections worker could maintain a Title VII hostile environment claim based on an allegation that her female supervisor repeatedly brushed against her breasts, the U.S. Court of Appeals for the Second Circuit ruled in reversing a summary judgment, ...

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Title VII: Rojas v. The Roman Catholic Diocese of Rochester

U.S. Court of Appeals for the Second Circuit Title VII Credible Evidence Rojas v. The Roman Catholic Diocese of Rochester 10-4132-cv Judges Miner, Cabranes and Hall Background: The plaintiff-appellant appealed from summary judgment against her in favor of defendants on ...

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Brown v. Superior Contract Cleaners

U.S. District Court, WDNY Title VII Sufficiency of Complaint Brown v. Superior Contract Cleaners 10-cv-6238 CJS Judge Siragusa Background: The plaintiff, a Jamaican of national origin, was employed by the defendant for three months. The plaintiff alleged that he had ...

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