Anti-Harassment Policies Title VII

News & Analysis as of

New Federal Rules Will Affect Contractors Who Don’t Play by The Rules

Federal contractors have a powerful new incentive to play by the rules. Starting in October, businesses seeking federal contract work must disclose any labor law violations going back three years. Depending on the violation,...more

Implementing Anti-Harassment Training in the Workplace

Workplace harassment is unfortunately on the rise. The Equal Employment Opportunity Commission reported that companies across the United States paid nearly $300 million to settle harassment and discrimination cases last year...more

Complete Maintenance Janitorial Service to Pay $45,600 to Settle EEOC Sexual Harassment Suit

Female Employee Sexually Harassed, Assaulted and Threatened by Supervisor, Federal Agency Charged - NEW ORLEANS - Complete Maintenance, Inc., a Dallas/Fort Worth commercial janitorial service doing business in the New...more

Poor Policy Publication Revives Sexual Harassment Suit in the Fifth Circuit

Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals...more

Workplace Harassment: EEOC Challenges Employers To Step Up Their Approach

Seyfarth Synopsis: New EEOC study calls for employers to “reboot” workplace harassment prevention efforts, outlines statistics, risks and administrative recommendations. On June 20, 2016, two Commissioners of the U.S....more

Transgender Accommodation Issues at the Forefront of Employment and Education

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a new Fact Sheet, announcing its formal position on bathroom access rights for transgender employees. The Fact Sheet provides employers with a...more

Employment Law Commentary, March 2016

The California Fair Employment And Housing Council Issues Proposed Regulations To Limit Consideration Of Criminal History In Employment Decisions - Employers take great measures to avoid hiring dangerous employees—not...more

The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more

Memphis Cheddar’s Settles EEOC Sexual Harassment Lawsuit for $450,000

Male Managers at Memphis Restaurant Sexually Harassed a Class of Female Employees, Federal Agency Charged - MEMPHIS - Mint Julep Restaurant Operations, LLC, an independent restaurant company and franchisee of the casual...more

A Culture of Inclusion: Transgender-Friendly Workplaces on the Rise

American Airlines, The Coca-Cola Co., Humana, Macy’s and Ford. All among the best-known brands in the world, each a stalwart of American business. All of them are among the most transgender-inclusive companies in the country...more

The Times They Are A-Changing: EEOC Task Force Focuses on Evolving Harassment in the Workplace and New Ways to Combat It

The EEOC’s Select Task Force on the Study of Harassment in the Workplace recently held the third in a series of public meetings, a two-part panel aimed at understanding the different and evolving nature of harassment in the...more

Fourth Circuit Tosses Sexual Harassment Claim Based on Failure of Employee to Report Supervisor's Conduct

When a supervisor engages in sexual harassment in violation of Title VII, the employer can be held vicariously liable for the action even if it takes immediate steps to end the harassment once it learns of the conduct....more

Tricks and Treats and Trial Briefs

Remember NBC’s The Office? I think some lawyers used to blog about it. Anyhow, one of my favorite episodes was “Costume Contest” where the Scranton employees threw a Halloween party at the branch office. The costumes in...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Transgender at Work: How Employers Can Stay Off the EEOC Radar Screen

It’s no secret that the EEOC—and even some courts—read Title VII to prohibit discrimination against transgender employees. A growing number of state and city laws also specifically include gender identity and/or expression as...more

Ebola Fears: Employer Best Practices for Epidemic Preparedness

Potential Ebola virus exposure is a concern that strikes fear in many. Employers may be confronted—if they have not been already—with difficult managerial decisions that must address employees' rational—or irrational—fears of...more

More than Just a TV Show: How Bruce Jenner’s Story Sheds Light on the Importance of Workplace Policies for Transgender Employees

Last month in a nationally televised interview, U.S. Olympic icon Bruce Jenner revealed to the world that he is a transgender woman. While the coming out process for the rest of the nearly 700,000 transgender Americans may...more

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more

EEOC Files Two Ground-Breaking Cases Equating Transgender Discrimination with Sex Discrimination Under Title VII

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

Fourth Circuit Says Co-Worker's Use of Racially Derogative Terms Did Not Create Hostile Work Environment

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

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

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

Labor Letter, March 2013: Pyrrhic Victories

King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation....more

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