Womble Employment Law Blog

In a unanimous decision, the U.S. Supreme Court recently clarified that the requirement that a plaintiff exhaust his/her administrative remedies before filing a discrimination claim under Title VII of the Civil Rights Act is a mandatory claim-processing rule, and not a jurisdictional requirement. The decision increases the importance of raising the defense of failure to exhaust administrative remedies early in employment litigation, so as to avoid a potential waiver of the defense. Under Title VII, which is the core, federal anti-discrimination law, employees and job applicants are required to first file a charge of discrimination with the EEOC and allow the agency to investigate before filing a lawsuit. This is commonly referred to as exhausting one’s administrative remedies. The EEOC charge must be filed within 180 days of when the alleged discrimination took place (or 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis)....

A federal court in North Carolina has ruled that a jury trial will be held in a case brought by the EEOC challenging a hospital's mandatory flu shot policy.  The case was filed in 2016 by the EEOC for a group of terminated employees who failed to request a religious exemption by a certain deadline and did not get the required flu shot.  On August 7, 2017, the United States District Court for the Western District of North Carolina ruled that it could not dismiss the case at summary judgment without a trial, concluding that a jury would be needed to decide whether workers who did not request a religious exemption to the policy were treated more favorably. The mandatory flu shot policy required that workers obtain a flu shot by December 1.  However, to accommodate sincere religious beliefs, the policy also allowed workers who had objections to receiving a flu shot on religious grounds to request an exemption under the policy.  The po...

By Theresa Sprain, Patricia Heyen, and John E. Pueschel In a significant decision that expands the rights of employees, the U.S. Court of Appeals for the Seventh Circuit ruled on April 4, 2017 that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964.  Kimberly Hively v. Ivy Tech Community College , No. 15-1720 (7th Cir. April 4, 2017).  The Seventh Circuit is the highest court in the United States to hold that sexual orientation is a form of sex discrimination under Title VII. Kimberly Hively, a part-time, adjunct professor at Ivy Tech Community College, alleged that she was repeatedly denied consideration for full-time teaching positions and her part-time contract was not renewed due to her sexual orientation.  Hively filed suit in the U.S. District Court for the Northern District of Indiana, alleging violations of Title VII. Ivy Tech filed a motion to dismiss, arguing that sexual...

Keep an eye on your email inboxes and spam folders.  The U.S. Equal Employment Opportunity Commission recently announced that it has begun a pilot program to send electronic notices of discrimination charges.  The program is called "ACT Digital" and is intended to make responding to charges more efficient and cost effective. The pilot program is beginning in 11 EEOC offices, centered in North Carolina and the Southeast, and moving to larger offices in Midwestern and Western states.  They are the following: Charlotte; Greensboro; Greenville; Norfolk; Raleigh; Richmond; Detroit, Indianapolis; Phoenix; Denver; and San Francisco.  The EEOC states that the system is secure, and that documents and information will be accessible only by password.  Using the system, employers will be able to download charges, submit a position statement, and communicate with the EEOC.  The Commission has published a Q&A document for ACT Digital, which can be found...

The EEOC announced that it has settled a religious accommodation lawsuit against a beer distributor which insisted that a prospective employee cut his hair if wanted a job.  The prospective employee asserted that he was a practicing Rastafarian, and in accordance with his beliefs, was forbidden to cut his hair.  After being denied the job with the North Carolina company, he filed an EEOC charge, which ultimately resulted in the EEOC filing a lawsuit. In January, the EEOC announced that the parties had reached a settlement.  According to the EEOC, the company agreed to pay $50,000 and change its policies.  The EEOC announcement can be found here . 

The EEOC's new Chair, Jenny R. Yang, presided over her first commission meeting on January 14, 2015.  Ms. Yang was confirmed as a member of the EEOC in 2013 and served as Vice Chair.  She was appointed as the new Chair of the EEOC by President Obama last fall.  Ms. Yang has a distinguished professional history , and is the first Asian-American Chair of the EEOC. The EEOC's first meeting of 2015 focused on exploring effective ways to eliminate workplace harassment.  Panelists bringing multiple perspectives to the issue discussed ways to achieve that goal, with a number emphasizing the importance of awareness and workforce training.  Ms. Yang noted that the EEOC was committed to developing communication and outreach strategies to educate and inform, while also focusing on increased enforcement efforts directed to workplace harassment.   Ms. Yang stated that "[b]y identifying underlying probl...

Religious discrimination continues to be a hot topic for employers.  As savvy HR professionals know, an important religious discrimination  case will be heard in the United States Supreme Court this term involving the EEOC's suit against a company over the duty to make accommodations to dress and appearance policies.  On January 13, 2015, the EEOC announced that it has filed a new religious discrimination suit against Triangle Catering, LLC in the Eastern District of North Carolina.  The EEOC's complaint alleges that the company employed a Rastafarian, who wore a small cap as part of his religious practices.  When the employee refused to remove the cap while working, the complaint claims the employee was fired.  While we watch these cases play out this year, these EEOC enforcement actions underscore the value of businesses taking the time to review their policies--and their practices--on the accommodation of religious beliefs and ...