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Lack of Complaint Undercuts Fired Harassers' Title VII Lawsuit
September 1, 2010

Male employees who were fired for engaging in sex-based conduct have not shown they were similarly situated to female employees who allegedly engaged in the same conduct, because the male employees never complained about the female employees' conduct, the 9th U.S. Circuit Court of Appeals ruled recently.

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Single Incident Was Severe Enough To Create Hostile Work Environment
August 31, 2010

A male employee's grabbing of a female co-workers breasts, and rubbing her buttocks against his body, was severe enough behavior to create a hostile work environment in violation of Title VII of the 1964 Civil Rights Act, the 7th U.S. Circuit Court of Appeals ruled recently.

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Employer Must Continue Interactive Process When Initial Accommodation Fails, Appeals Court Holds
August 30, 2010

An employer has a continuing obligation to engage a disabled employee in the search for an effective accommodation when the employee asks for a new accommodation or it knows that the initial accommodation is ineffective, the 9th U.S. Circuit Court of Appeals ruled on Aug. 27.

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Wal Mart Asks U.S. Supreme Court to Decertify Massive Class Action
August 27, 2010

A massive employment discrimination lawsuit involving more than a million female workers should not be allowed to proceed as a class action, Wal-Mart Stores argued in a petition seeking review before the U.S. Supreme Court.

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Faith-based Organization Is Exempt From Title VII, Ninth Circuit Holds
August 26, 2010

A faith-based humanitarian organization is exempt from Title VII's ban on religious discrimination in employment even though it has no formal affiliation with a specific church or religious denomination, the 9th U.S. Circuit Court of Appeals ruled on Aug. 23.

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DOL Updates Five-year Strategic Plan
August 25, 2010

The U.S. Department of Labor is circulating a draft update to its five-year strategic plan, calling attention to five goals, including securing wages and overtime for vulnerable workers and in certain targeted industries.

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OFCCP Director Promises Rescission of Compensation Standards and Guidelines
August 24, 2010

The Obama Administration will rescind the compensation standards and guidelines that have been in effect since 2006 for investigating alleged systemic compensation discrimination.

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Sex-Neutral Actions Can Help Prove Hostile Work Environment
August 23, 2010
Non-sex-based acts coupled with sex-based acts can support a finding of a sexually hostile work environment under Title VII of the 1964 Civil Rights Act, the 2nd Circuit U.S. Court of Appeals held on Aug. 13.
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Large Employers Not Too Concerned About Losing Grandfather Status
August 20, 2010

Survey results seem to indicate that large employers will not hold up plan design changes in 2011 in order to keep grandfather status. The National Business Group on Health (NBGH) surveyed the largest employers to determine what changes to plan design they are planning for 2011.

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