NSBA Legal Clips
Archived entries for Title VII

Assistant principal who publicly opposed superintendent’s election states a valid claim that her severance was retaliatory

The Fifth Circuit Court of Appeals rules that a former assistant principal stated a valid claim for First Amendment retaliation based on her engaging in political speech.

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Supreme Court in Nassar requires complainants in Title VII retaliation cases to prove “but-for” causation

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s decision invoking the use of a “motivating-factor” standard for determining employer liability in retaliation claims under Title VII, determining instead that the proper standard in retaliation claims was the “but-for” test.

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U.S. Supreme Court clarifies definition of “supervisor” for purposes of employer liability under Title VII for workplace harassment

In a 5-4 decision, the U.S. Supreme Court has ruled that for purposes of vicarious liability under Title VII an employer is a “supervisor” only if he/she has authority to take tangible employment actions against the victim. A tangible employment action is one constituting a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.

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U.S. Supreme Court restricts retaliation claims under Title VII by requiring “but-for” proof of action

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s decision invoking the use of a “motivating-factor” standard for determining employer liability in retaliation claims under Title VII. Determining that the proper standard in retaliation claims was the “but-for” test, the Court remanded the case to the Fifth Circuit for further proceedings consistent with the Court’s opinion.

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Federal appellate court rejects coach’s hostile environment and retaliation claims

The Second Circuit Court of Appeals held that an African-American female athletic director did not present sufficient evidence that the Rochester School District created a hostile work environment or that the district retaliated against her for filing a complaint with the Equal Employment Opportunity Commission.

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U.S. Supreme Court hears oral argument in Nassar Title VII retaliation case

The U.S. Supreme Court heard arguments in University of Texas Southwestern Medical Center v. Nassar, a case addressing the issue of whether an employee must prove that the sole reason for an employer’s action was retaliation or if a successful discrimination claim can be made in situations where retaliation was at least one of two or more motivating factors.

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Federal appellate court rejects teacher’s retaliation suit based on removal as coach

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit has affirmed a federal district court’s decision granting summary judgment in favor of a school district in a suit brought by a teacher/athletic coach claiming she was dismissed as the girls varsity basketball coach and suffered other acts of harassment in retaliation for having previously brought a Title VII sex discrimination suit in regard to the boys varsity basketball coaching position.

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Sua Sponte: NSBA urges Supreme Court to protect employer autonomy for non-retaliatory personnel decisions

On March 11, 2013, NSBA filed an amicus curiae brief in an employment case asking the U.S. Supreme Court not to hamper school districts’ abilities to discipline or fire employees.

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EEOC issues Q&A guidance for application of Title VII and ADA in cases of domestic or dating violence, sexual assault, or stalking

The Equal Employment Opportunity Commission has recently released a guidance document, “Questions and Answers: The Application of Title VII and the ADA to Applicants and Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking,” to assist employers in processing applicant and employee matters involving these situations.

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U.S. Supreme Court agrees to review university employee’s claim of race-based workplace harassment

The Courthouse News Service reports that the U.S. Supreme Court has granted the petition of certiorari of a Ball State University African American employee regarding her claims of workplace harassment by co-workers based on race.

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