Sexual Conduct

News & Analysis as of

Summary of California Appellate Decisions -August 2015

Insurance; Duty To Defend; Insurance Coverage; Intentional Acts; Sexual Misconduct - Gonzalez v. Fire Insurance Exchange (2015) 234 Cal.App.4th 1220, 184 Cal.Rptr.3d 394 (WL 960927) - Facts: This is an...more

“Enough is Enough” – Governor Cuomo Signs Campus Sexual Assault Legislation

On July 7, 2015, New York Governor Andrew Cuomo signed into law legislation to combat sexual assault on both public and private college campuses throughout New York. With a few exceptions, the provisions in the law will take...more

New York State Passes Campus Sexual Assault Law

On June 17, 2015, the New York State Legislature passed legislation governing how colleges and universities address sexual assault, dating violence, domestic violence and stalking. The governor is expected to sign it...more

Federal Court Dismisses Accused Student’s Title IX Lawsuit Against Vassar College

Last week, a federal judge in New York (Abrams, J.) dismissed an accused student’s lawsuit against Vassar College alleging that the institution discriminated against him by failing to conduct an equitable investigation into a...more

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

Regulating Revenge Porn And Explicit Online Communications With Children – Easier Said Than Done

Everyone supports the prevention of sexual predators texting illicit material to people under 17. Everyone knows that revenge porn is a scourge on public decency. ...more

College and University Boards Advised to Become and Remain Informed of Sexual Misconduct on Campus

The Association of Governing Boards of Universities and Colleges (AGB) released an Advisory Statement on Sexual Misconduct on October 24. The AGB recognized many colleges and universities are now defending against lawsuits,...more

The Paradigm Shift In Campus Responses To Sexual Misconduct: From Compliance To Compassion

Over the past several years, there has been growing awareness, public discourse and, at times, unrest about how colleges and universities respond to sexual misconduct. Originally Published in Today’s Campus –...more

Under New California Law—No Proof of Sexual Desire Required to Prove Sexual Harassment

On August 12, California Governor Jerry Brown signed into law Senate Bill (SB) 292 which amends section 12940 of the California Fair Employment and Housing Act....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

Labor Letter, September 2012: Supervisor-Subordinate Relationships: Never A Good Idea

Since many people spend most of their waking hours at the office, and often spend more time with coworkers than family members, it's not unusual for workplace romances to blossom. But if that romance is between a supervisor...more

Labor Letter - September 2012

In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...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

Weekly Law Resume - December 1, 2011: Sporadic Incidents of Alleged Sexual Conduct Insufficient to Create a Hostile Work...

Stephanie Brennan v. Townsend & O'Leary Enterprises, Inc., et al. Court of Appeal, Fourth District (October 18, 2011) In this case, the Court of Appeal held that judgment for an employer was proper where the plaintiff...more

Pushing the Limits of PDA

When last night’s episode originally aired on February 10, 2011, I noted that the Scranton office more closely resembled a nightclub at the height of the sexual revolution than a reputable place of business – see my original...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

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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