Senior counsel Carolyn Wheeler recently published an article in Law360, “Courts Must Recognize Title VII ‘Terms and Conditions’ Claims.”
While Title VII of the Civil Rights Act clearly prohibits discrimination related to not just hiring, firing, and compensation, but also other “terms, conditions or privileges of employment,” courts have long held that certain actions, including denials of job transfers or job training, are not sufficiently adverse to qualify as actionable discrimination. Ms. Wheeler argues, however, that recent court decisions over the past year have signaled a potential much-needed change in the long-standing precedent.
“The renewed attention to the notion that courts have erroneously required victims of discrimination in terms and condition of employment to make a showing of economic or tangible harm will hopefully lead to salutary changes,” Ms. Wheeler wrote.
Read the full article here.