Title VII

Can You Require Employees to Get a Flu Shot?

Posted on February 21, 2018 by Elaine I. Hogan

The Situation: An employer has a policy requiring all new employees to get a flu shot. After a job offer is extended to a certain applicant, she tells the employer that she has a religious objection to getting a flu shot.  If the employer revokes the job offer, is this discrimination?…


Does Calling Someone a B*tch Create a Hostile Work Environment?

Posted on February 14, 2018 by Elaine I. Hogan

The Situation: A female employee claims that a male co worker has repeatedly called her a stupid b*tch.  Can she successfully assert a claim for hostile work environment?…


Can an Employee Assert Defamation Based on Info Given to the EEOC?

Posted on February 7, 2018 by Elaine I. Hogan
Posted in Other, Title VII

The Situation: A former employee files an EEOC charge. The EEOC requests a position statement and the employer provides it.  Can the employee later use that position statement to support a claim for defamation?…


Employee Fails to Report Sexual Harassment For Fear of Retaliation-Can She Make a Claim Under Title VII?

Posted on December 13, 2017 by Elaine I. Hogan
Posted in Title VII

The Situation: Courts have found that employers have a valid defense to a sexual harassment claim if they can show that they have a procedure in place for reporting this type of situation and an employee failed to follow it.  But what if the employee takes the position that reporting it will do no good?…


Does Employee’s Falsification of Employment Application Automatically Defeat Retaliation Claim?

Posted on August 30, 2017 by Elaine I. Hogan

The Situation: An employee complains that he is being harassed based on his sexual orientation and the fact that his partner is African American. Not long after he lodges this complaint, the employer discovers that although the employee stated on his job application that he graduated from community college, he had not actually graduated, but only took a number of classes. After the employee is terminated, he brings a claim of retaliation under Title VII. Can the employer get the claim thrown out on the grounds that the employee falsified his employment application?…


What if You Don’t Agree with a Religious Objection?

Posted on July 5, 2017 by Elaine I. Hogan

The Situation: You decide to implement a new time tracking system which involves the use of biometric hand scanners by employees to scan their right hands to clock in or out for a shift.  One of your long time employees claims that he cannot use this kind of hand scanner because its use would conflict with his religious beliefs. Can you require him to use it anyway?…


Is it Retaliation to Fire A Supervisor For a Fabricated Sexual Harassment Report?

Posted on June 28, 2017 by Elaine I. Hogan

The Situation: One of your supervisors reports that another employee has been sexually harassing several women working under him. Your HR director interviews each of these women and none back up this story. You then terminate the reporting supervisor based on her false report. Is this retaliation in violation of Title VII?…


Can You Tell a Pregnant Applicant That You Really Need Someone Long Term ?

Posted on May 11, 2017 by Elaine I. Hogan

The Situation: A job applicant makes it through several rounds of interviews successfully and receives a job offer. However, before she accepts it, she lets the prospective employer know that she is pregnant and asks about maternity benefits. The employer rescinds the job offer, explaining that they really need someone who can be in the position for the long haul. Is this pregnancy discrimination?…


Discrimination Based on Perceived Sexual Orientation??

Posted on March 29, 2017 by Elaine I. Hogan

The Situation: An employee claims that she was repeatedly harassed by her supervisor in ways seemingly related to her sexual orientation—frequently saying that she dressed like a lesbian and similar remarks. The employee is actually heterosexual and married to a man. But based on the supervisor’s conduct, other employees begin to actually think that the employee is gay and she begins to feel compelled to explain her sexual orientation. If the employee quits because of the alleged harassment, can she bring a claim under Title VII?…


Can Hugging Be Hostile?

Posted on March 1, 2017 by Elaine I. Hogan
Posted in Title VII

The Situation: One of your top level managers is known to frequently hug female employees, both in the workplace and outside of work.   A female employee who has worked for your company for a number of years ends up filing a charge with the EEOC, asserting a hostile work environment in violation of Title VII, claiming that based upon this manager’s frequent and unwelcome hugs, she has experienced significant stress and anxiety at the workplace.   Could your company face liability under Title VII?  …

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