In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment to happen or was substantially certain it would. This holding represents a clear break from the EEOC and most other …
One Standard to Rule Them All: Supreme Court Strikes Down Higher Bar for Majority Plaintiffs
Introduction On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Service that fundamentally altered how reverse discrimination claims are assessed under Title VII of the Civil Rights Act of 1964 (“Title VII”). The Court ruled that employees from majority groups, (e.g., white, heterosexual, male) are …
Religious Accommodation in a Post-Groff Employment Landscape
As the Supreme Court’s session was concluding, the Supreme Court issued Groff v. DeJoy, Postmaster General, No. 22-174 (June 29, 2023), an opinion that changes the employment landscape as it pertains to religious accommodations for employers and what actually constitutes an “undue hardship.” In Groff, the Supreme Court held, “Title VII [of the Civil Rights …
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U.S. Supreme Court Extends Title VII Protections to LGBTQ Employees
On June 15, 2020, the United States Supreme Court, in the case of Bostock v. Clayton County, Georgia, affirmatively answered the long-awaited question of whether Title VII of the Civil Rights Act of 1964 (“Title VII”) protection extends to LGBTQ employees. In a 6-3 decision, the court held that an employer who terminates an employee …
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Avoid Title VII Pitfalls in Parental Leave Benefits – Offer the Same Parental Leave to Male and Female Employees
Many companies offer parental leave benefits above and beyond the 12 unpaid weeks required by the FMLA. However, well-meaning employers can run afoul of federal anti-discrimination laws by providing different parental leave benefits to fathers and mothers. Title VII bans employment discrimination on the basis of sex. 42 U.S.C.A. § 2000e-2. But recently there has …