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Fifth Circuit: Discrimination More Than “Ultimate Employment Decisions”

Darrell VanDeusen
Darrell VanDeusen
08/28/2023
Employment Discrimination, Sex Discrimination
Since July 2, 1965, Title VII has made it illegal for an employer “to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(1).   Nowhere does the law require that the discrimination be an...
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Former McDonald’s Employee’s Harassment Claim Fails

Garrett Wozniak
Garrett Wozniak
08/03/2023
Employment Discrimination, Hostile Work Environment, Sex Discrimination, Sexual Harassment, Sexual Orientation
To prevail on a hostile work environment claim under Title VII of the Civil Rights Act of 1964, a plaintiff must typically show that there is unwelcome conduct that is based on the plaintiff’s protected characteristic, which is sufficiently severe or pervasive to alter the plaintiff’s conditions of employment, and that the employment action is imputable to the employer.  When considering whether there is a hostile work environment, courts look...
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Don’t Refuse To Hire Someone Because Of Their Sex

Garrett Wozniak
Garrett Wozniak
05/03/2022
Sex Discrimination
Better yet, don’t make employment decisions based on protected characteristics.  Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on account of race, color, religion, sex, and national origin, as well as retaliation by an employer against an individual who opposes or participates in a protected activity.  Disabilities are covered by the Americans with Disabilities Act.  Age is covered by the Age Discrimination in...
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U.S. Women’s Soccer Team’s Equal Pay Lawsuit Resolved

Clifford Geiger
Clifford Geiger
02/23/2022
Sex Discrimination
On February 22, 2022, the U.S. Soccer Federation (USSF) and the U.S. Women’s National Team (USWNT) players announced an agreement that resolved a pay discrimination lawsuit that has been pending since 2019.  The lawsuit alleged violations of the Equal Pay Act and Title VII because the USWNT players were paid less than their male counterparts, including receiving much smaller performance bonuses despite achieving greater on field success.  The...
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Court Allows Topless Teacher's Discrimination Claim to Proceed

Vincent Jackson
Vincent Jackson
02/12/2022
Public Sector Employment Law, Sex Discrimination
A New York Court recently addressed a novel question: whether a female teacher who was fired after a semi-nude picture of her became available to her employer could assert a viable equal protection clause against the school district.  The plaintiff was a probationary middle school teacher in a public school.  She was terminated after the school district came into possession of a semi-nude picture of her.  The picture in question was a...
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“Paramour Preference” Is Not a Title VII Violation, says Ninth Circuit

Darrell VanDeusen
Darrell VanDeusen
08/25/2021
Employment Discrimination, Sex Discrimination, Sexual Harassment
When I lectured on sex discrimination and harassment to my law school students, I’d pose the following question:  “does the person who didn’t (consensually) date the boss and who then didn’t get promoted have a claim for discrimination or harassment?  No?  But what if I just never got the chance to date them?  I mean, I would have been willing to do so if I’d known that might help me advance or keep my job.”  While some students...
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Fourth Circuit Decision Protecting Transgender Student Rights Stands After Supreme Court Denies Review

Kollman & Saucier
Kollman & Saucier
07/07/2021
Sex Discrimination, Supreme Court Decisions, Virginia Employment Law
On June 28, 2021, the Supreme Court denied the Gloucester County, Virginia School Board’s petition to review Gloucester Co. Sch'l Bd. v. Grimm, No. 20-1163.  The denial leaves a Fourth Circuit Court of Appeals’ s ruling intact, making it unlawful in this jurisdiction (South Carolina, Maryland, North Carolina, Virginia and West Virginia) to prohibit students from using  bathroom facilities that align with their gender identity....
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Fourth Circuit Revives Same-Sex Harassment Claim

Garrett Wozniak
Garrett Wozniak
05/25/2021
Employment Discrimination, Same-Sex Marriage, Sex Discrimination, Uncategorized
The Fourth Circuit Court of Appeals last week joined several other federal appellate courts when it rejected a narrow reading of Supreme Court precedent regarding same-sex harassment claims under Title VII of the Civil Rights Act of 1964.  Roberts v. Glenn Industrial Group, Inc., No. 19-1215 (4th Cir. May 21, 2021).  The Fourth Circuit covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia. The case involves Glenn...
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Sex-Plus Age Claim Viable Under Title VII

Clifford Geiger
Clifford Geiger
07/31/2020
Age Discrimination, Employment Discrimination, Sex Discrimination
In Frappied v. Affinity Gaming Black Hawk, the U.S. Court of Appeals for the Tenth Circuit became the first federal appeal s court to recognize that Title VII of the Civil Rights Act 1964 permits “sex-plus age” claims.  The case arose from a lawsuit filed against a gaming company.  The eight female plaintiffs alleged the casino for which they worked discriminated against women over 40 years old, and they brought several claims, including...
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Supreme Court Rules That Gay and Transgender Employees Are Protected Under Title VII

Kollman & Saucier
Kollman & Saucier
06/16/2020
Employment Discrimination, Same-Sex Marriage, Sex Discrimination, Supreme Court Decisions
In a landmark 6-3 decision, the Supreme Court ruled on Monday that Title VII protections extend to gay and transgender employees. The Bostock case was a consolidation of three cases wherein an employee was terminated for being homosexual or transgender. Gerald Bostock was fired shortly after joining a gay recreational softball league. Donald Zarda was terminated shortly after he announced being gay. Aimee Stephens was fired after informing her...
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