Title VII Overview and Trends in Title VII Litigation
Created on September 27, 2018
Discrimination and harassment in the workplace have been the focal point in the recent news. Most notably, the #MeToo movement has inspired women all over the world to speak out about sex-based discrimination and mistreatment at work, ending the careers of many, including highly prominent actors, news anchors, politicians and judges. This has stirred debate about whether employees can be forced to arbitrate sex harassment claims and whether employees may be "silenced" as part of accepting a settlement. Even the tax code is being used to protect victims of sexual harassment and abuse by forcing businesses to make a choice – no tax deduction is allowed for any settlement, payout or attorneys' fees relating to sexual harassment or sexual abuse if such payments are subject to a nondisclosure agreement.
This course is designed to be helpful to lawyers seeking a better understanding of how to prevent discrimination and harassment in the workplace by implementing effective policies, training, audits, conducting prompt and thorough investigations and taking appropriate action following determinations of harassment and discrimination. The program, presented by employment lawyer Robin Kallor, offers an extensive overview of Title VII and how to best insulate workplaces from liability.
Title VII of the Civil Rights Act of 1964 is a federal law prohibiting employers from discriminating against employees on the basis of sex, race, color, national origin and religion. The statute also prohibits the harassment of employees based upon those protected group characteristics, and employers are prohibited from retaliating against employees who complain of discrimination or participate in investigations. Additionally, employees are entitled to religious accommodation for their sincerely held religious beliefs or practices.
- Provide an overview of Title VII
- Consider actions that constitute discrimination in the workplace, under a disparate treatment theory and a disparate impact theory
- Review employers' obligations to reasonably accommodate sincerely held religious beliefs
- Explore ways an employer can prevent discrimination prohibited by Title VII
- Discuss harassment prohibited by Title VII and ways to prevent harassment in the workplace
- Identify how to respond to complaints of discrimination and harassment, how to investigate them and how to take appropriate action following findings of discrimination or harassment
- Familiarize yourself with recent social trends affecting litigation and legislation
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