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Appeals › Harassment › Sexual Harassment

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

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If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Says Employer Must Have Reasonable Opportunity to Investigate Harassment Complaint

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Under Title VII, an employer may be liable for sexual harassment by one co-worker of another if it knew or should have known of the conduct and took no action. According to a recent decision from the Eighth Circuit Court of...more

Seyfarth Shaw LLP

Eight Circuit Maintains High Bar for Hostile Work Environment Claims

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Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and...more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

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Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Payne & Fears

Key California Employment Law Cases: December 2019

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This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

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Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

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“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

Tucker Arensberg, P.C.

Student’s Physical Assault of Alleged Harasser Does Not Constitute Protected Activity Under Title IX

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Sanchez v. Brawley Elementary School District, 719 Fed. Appx. 723 (9th Cir. 2018) The Ninth Circuit Court of Appeals affirms District Court’s ruling that a student’s conduct of kneeing her alleged harasser did not constitute...more

Parker Poe Adams & Bernstein LLP

Same-Sex Harassment of Male Employee in Mixed-Gender Workplace Violated Title VII

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In its 1998 Oncale decision, the U.S. Supreme Court recognized that same-sex sexual harassment can violate Title VII’s gender discrimination prohibitions. However, the court noted that in order to demonstrate violation of the...more

Parker Poe Adams & Bernstein LLP

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

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Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Sexual Harassment Claim by Employee Who Quit Days Into Her Investigation

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Employers are not strictly liable for hostile environment sexual harassment by a victim’s co-workers. The employer may be held responsible under Title VII if it knew or should have known of the harassment and failed to take...more

Fisher Phillips

November 2017: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

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The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Troutman Pepper

Hostile Work Environment: Playing Defense to Offensive Workplace Conduct

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A hostile environment can result from the unwelcome conduct of supervisors, co-workers, customers, contractors or anyone else with whom the victim interacts on the job when the unwelcome conduct renders the workplace...more

Foley & Lardner LLP

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

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Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

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