News & Analysis as of

Think Third Party Harassment Can’t Harm You? Think Again

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

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

Employment Newsletter - March 2014: Practical Tips on Creating an Effective Unlawful Harassment Policy

It has been a long time since the 1991 Clarence Thomas Supreme Court confirmation hearings brought the issue of sexual harassment to the forefront of public consciousness. Hundreds of thousands of unlawful harassment claims...more

New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual...more

Labor Letter, August 2013: Make Your No-Harassment Policy Less Sexy

In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more

Global HR Hot Topic - March 2013: Cross-Border Anti-Harassment Initiatives

Challenge: A “zero tolerance” stand against illegal workplace harassment is laudable in US domestic operations. But wildly differing harassment laws and standards abroad complicate an inflexible global approach to eradicating...more

Textual Harassment Could CRE8 Liability For Employers

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

Just in Time for Valentine’s Day: When Employees Place Bets in the Workplace Dating Pool…

“Love is composed of a single soul inhabiting two bodies.”—Aristotle “The quickest way to a man’s heart is through his chest.”—Rosanne Barr Okay, so, in college I was good friends with this girl on the dorm...more

Understanding and Mitigating Liability for Workplace Romances

Originally published in the New York Law Journal on December 26, 2012. The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there...more

Carrols Restaurant Group, Inc. Settles Longstanding Litigation with EEOC

Carrols Restaurant Group, Inc. (Nasdaq: TAST) today announced that its wholly-owned subsidiary, Carrols Corporation ("Carrols"), has entered into an agreement with the Equal Employment Opportunity Commission (“EEOC”)...more

Healthcare Update - November 2012, No. 4

In This Issue: - NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland): The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more

Healthcare Update, No. 4, November 2012: Hospital Receptionist Harassed By Patient – EEOC Sues

Today, most healthcare employers are sensitive to issues of workplace harassment, although the focus of that sensitivity is usually upon issues involving co-worker to co-worker and supervisor to subordinate conduct. It is...more

Harassment In The Workplace: Dangerous Liaisons

In This Chapter: WORKPLACE HARASSMENT – WHY IT MATTERS - II. THE DEVELOPMENT OF WORKPLACE HARASSMENT IN THE UNITED STATES SUPREME COURT - III. HARASSMENT LAW IN THE FIFTH CIRCUIT AND TEXAS - A. Sexual...more

Employer Off The Hook For Co-Worker Harassment Claims Thanks To Its Anti-Harassment Policies, New Jersey Appellate Division Holds

In Mann v. Staples, Inc., 2012 WL 3101310 (App. Div. August 1, 2012), a case argued by an attorney in Ogletree Deakins’ New York office, the New Jersey Appellate Division dismissed a female employee’s NJLAD discrimination...more

Employment Law Update: Romance in the Workplace: You, Me and our Employer?

As Valentine’s Day approaches, here are some interesting facts for employers to consider: Statistics indicate that over 10 percent of married couples met at work. Almost a third of respondents in a recent survey by Monster...more

On Valentine's Day, Cupid Will Be Circling the Workplace-What Can Employers Do to Mitigate Risks?

For employers, Cupid’s arrow only points one direction…..to the Company’s Sexual Harassment Policy. While Valentine’s Day may be a holiday to celebrate love and romance, it can quickly become an employer’s worst nightmare....more

On Valentine's Day, Cupid Will Be Circling the Workplace-What Can Employers Do to Mitigate Risks?

For employers, Cupid’s arrow only points one direction…..to the Company’s Sexual Harassment Policy. While Valentine’s Day may be a holiday to celebrate love and romance, it can quickly become an employer’s worst nightmare. ...more

Discrimination or Harassment Plaintiff: Play the hand you're dealt

Sexual harassment claims often come from things you can't fully control. A rouge supervisor. An on-the-side workplace romance that goes bad. On top of that, you can't pick the employee who gets harassed and turns...more

Romance At Work

Attached is a recent article that we published in the Legal Intelligencer that concerns romance at work and the problems it can present....more

Let’s Get It On…

Studio 54 was a nightclub in New York City with infamously loose rules related to sexual expression. Rumor has it that back-room rendezvous were the norm. Sabre/Dunder Mifflin’s Scranton office may be trying to give the club...more

Employer Faces Trial For Failing to Prevent Employee's Sexual Overtures to Fellow Employee

Workplace romances are not unusual. But when do an employee's romantic overtures to another employee cross the line and become sexual harassment? Under what circumstances can an employer be held liable for failing to prevent...more

Office Romances And ‘Love Contracts’ By Barbara Reeves Neal

Office romances are exciting and fun — for a while. The couple is smitten, stealing meaningful glances across a conference table. Fellow employees catch on to the romance and enjoy the gossip. After a while, employees in...more

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