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Do 'Love Contracts' Ease the Risks of Office Relationships?
Creating a workplace culture where employees feel safe and respected means designing and implementing a workplace harassment prevention program that adapts to emerging issues.
In this presentation:
I. The Persistent...more
Do you have a comprehensive workplace harassment prevention program in place?
During our recent webinar, “Workplace Harassment is Evolving: Is Your Prevention Program Keeping Pace?,” we asked attendees whether they had a...more
In recent weeks much media attention has been paid to an important case against a well-known Silicon Valley venture capital firm Kleiner Perkins Caufield Byers. Since late February, the technology sector venture capitalist...more
California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training required by...more
A New EEOC Task Force for Strategies to Prevent and Correct Harassment in the Workplace is Being Created: This is an Opportunity for Employers to Implement Proactive Measures Now that Will Save them Money Later....more
In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more
In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of...more
In most circumstances, employers are vicariously liable for sexual or other harassment engaged in by their supervisors. Under the Supreme Court’s Faragher/Ellerth defense, employers can sometimes avoid liability for...more
Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...more
The New Jersey Supreme Court recently ruled that an employer may assert an effective and enforced anti-harassment policy as an affirmative defense in cases brought against the employer alleging that a supervisor engaged in...more
A Craigslist conviction. The highest court in Massachusetts upheld the conviction under the Bay State’s anti-harassment statute of a couple who posted fake Craigslist advertisements that caused a great deal of trouble for...more
While the year is still young, here are 15 New Year’s resolutions that employers may want to make:
1. Make sure your “independent contractors” are really independent contractors. ”Independent contractors” are under...more
Handbooks in light of several recent legislative actions and judicial decisions. Employers should generally review and update Employee Handbooks as necessary on a yearly basis, but numerous changes will be necessary for most...more
Ordinarily, employers think of anti-harassment policies as a means of defending themselves against harassment claims rather than a source of liability. However, a recent decision from a U.S. District Court in Connecticut...more
A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company...more
Block party. Twitter has revamped its anti-harassment policies to make it easier to report harassment on the network or to block another account. The change follows recent highly-publicized instances of “Twitter harassment,”...more
A Costco employee suffered from Tourette's syndrome, and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well...more
On September 25, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) filed two lawsuits on behalf of transgender individuals. These lawsuits, which alleged sex discrimination, are part of the EEOC’s Strategic...more
Last week, Governor Brown signed legislation that adds a new component to the required AB 1825 sexual harassment training for supervisors. Starting January 1, 2015, AB 1825 anti-harassment training must also include training...more
On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns.
Employers are now prohibited from discrimination...more
More than 50% of teens have experienced cyber bullying. Parents have historically looked to their children’s schools and local government to address the issue, but what about the social media sites which contribute to the...more
According to statistics collected by the Equal Employment Opportunity Commission, harassment charges have stayed relatively stable over the past three years, and the number of “cause” determinations has actually declined....more
Not every offensive act in the workplace constitutes actionable harassment under Title VII. In order to rise to the level of a hostile and offensive working environment, the conduct must be sufficiently severe and pervasive...more
On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment.
The Court held...more
Do your employees know your policies? Are you absolutely sure they understand how they can treat – and how they cannot treat – their fellow employees? Well according to some new research, it’s more critical than ever that you...more
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