News & Analysis as of

Discrimination › Hostile Environment

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

Hinshaw & Culbertson - Employment Law... on

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

Epstein Becker & Green

New York City Prohibits Provisions Shortening Statutes of Limitations for Complaints and Civil Actions Related to Discrimination,...

Epstein Becker & Green on

The New York City Council recently amended Sections 8-109 and 8-502 of the New York City Administrative Code, directly affecting employment agreements. ...more

Franczek P.C.

OCR Update: Shared Ancestry and Ethnicity Discrimination Guidance

Franczek P.C. on

In recent months, OCR has reached resolution agreements with a school district and two universities after investigating complaints of discrimination and harassment based on ancestry or ethnicity, including allegations...more

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Impact on a Term, Condition, or Privilege of Employment

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

BCLP on

Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

Bradley Arant Boult Cummings LLP on

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Marshall Dennehey

Third Circuit: Knowledge Requirement Not To Be Overlooked in Proving Retaliation

Marshall Dennehey on

Watkins v. Pennsylvania Dep't of Corr., No. 22-1426, 2023 WL 5925896 (3d Cir. Sept. 12, 2023) - A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in...more

Mintz - Employment Viewpoints

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

Mintz - Employment Viewpoints on

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

U.S. Equal Employment Opportunity Commission...

Taos Hotel Formerly Known as Whitten Inn and its Successor Settle EEOC Race and National Origin Harassment Suit

U.S. Equal Employment Opportunity Commission... on

Former Owner of Whitten Hotel Accused of Racist Behavior, Federal Agency Charges - ALBUQUERQUE, N.M. – Roark-Whitten Hospitality 2, LP, doing business as the Whitten Inn, and its successor purchaser of the hotel SGI, LLC,...more

Miller Nash LLP

Not Perfect Harmony: Blasting Music with Derogatory Terms May Create a Hostile Workplace

Miller Nash LLP on

Employers who allow music in the workplace should pay attention to lyrics and content. The Ninth Circuit Court of Appeals recently held that music with sexually derogatory and violent content played in the workplace can...more

Cozen O'Connor

AGs James and Bonta Team Up to Investigate Employment Discrimination Allegations at NFL

Cozen O'Connor on

California AG Rob Bonta and New York AG Letitia James launched a joint investigation into possible violations of state and federal pay equity and employment discrimination laws by the National Football League (NFL)....more

Epstein Becker & Green

The Role of Bystander Intervention in Preventing Workplace Harassment

Epstein Becker & Green on

Organizations that successfully create an inclusive and positive culture understand that all of its people have an important role to play in maintaining a harassment-free workplace. Any incident of harassment can affect more...more

U.S. Equal Employment Opportunity Commission...

Alden Short and Hinson Jennings to Pay $85,000 to Settle EEOC National Origin Discrimination Suit

U.S. Equal Employment Opportunity Commission... on

Property Management Company Settles Federal Charges of Harassing Three Hispanic Employees - DALLAS – Alden Short and Hinson Jennings, a Dallas-based property management company, will pay $85,000 and furnish other relief to...more

Hendershot Cowart P.C.

What Are Employer Obligations When the Alleged Harasser Is a Customer?

Hendershot Cowart P.C. on

The laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) protect your employees from discrimination by anyone in your workplace and harassment is a form of employment discrimination. As an employer, it is...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

The U.S. Department Of Education’s Proposed Title IX Regulations: Expanding The Scope And Offering Options For Higher Education...

Pietragallo Gordon Alfano Bosick & Raspanti,... on

Takeaway: The latest proposed amendments to the Title IX regulations would expand the scope of Title IX (by geography, time, and type of sex discrimination), create new obligations for higher education institutions, and...more

Verrill

Supreme Leak: Religion at Work

Verrill on

Over the last year, our society has navigated COVID-19 and rules concerning vaccination and masking. As a society and on this blog, we have discussed regularly the role religious freedoms play in the work environment—under...more

Bodman

Sixth Circuit Decision Provides Guidance on Properly Managing Workplace Harassment and Discrimination Complaints

Bodman on

A recent Sixth Circuit reported decision provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act....more

Jackson Lewis P.C.

Seventh Circuit Issues Decision Finding Broad Scope Of Ministerial Exception; Questions Remain

Jackson Lewis P.C. on

On July 9, 2021, U.S. Court of Appeals for the Seventh Circuit, sitting en banc, issued a 7-3 decision in the closely watched case Sandor Demkovich v. St Andrew the Apostle Parish, Calumet City and the Archdiocese of Chicago....more

Sherman & Howard L.L.C.

Interactive Process Remains Key To Prevailing On ADA Claims

Sherman & Howard L.L.C. on

In Thompson v. Microsoft, No. 20-50218 (June 22, 2021), the Fifth Circuit provided employers a great reminder of the importance of the interactive process when it affirmed summary judgment for the employer, Microsoft, on...more

U.S. Equal Employment Opportunity Commission...

EEOC Condemns Antisemitism in Unanimous Resolution

U.S. Equal Employment Opportunity Commission... on

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) has unanimously approved a resolution condemning the recent violence, harassment, and acts of bias against Jewish individuals in the United States, the...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

Jackson Lewis P.C. on

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

Foley & Lardner LLP

11th Circ. Reminds Employers Why Best Practices Matter

Foley & Lardner LLP on

What happens when an employer’s allegedly good documentation of an employee’s poor performance is met with an employee’s allegations that she was subjected to multiple racially charged comments in a two-month period? A...more

U.S. Equal Employment Opportunity Commission...

MPW Industrial Services to Pay $170,000 To Settle EEOC Race Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Two Employees Racially Harassed at Work, Federal Agency Charged - LOUISVILLE, Ky. -- MPW Industrial Services, Inc., a Hebron, Ohio industrial cleaning company, will pay $170,0000 to settle a race discrimination lawsuit...more

Cozen O'Connor

How to Handle Waivers in Discrimination Cases

Cozen O'Connor on

It is every L&E attorney’s dream: You are deposing a Title VII plaintiff and it’s starting to get late. One by one, the plaintiff’s allegations of discrimination start to lose their luster; the seams are beginning to show....more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Riddle Painting and Coatings For Racial and Sexual Harassment

U.S. Equal Employment Opportunity Commission... on

Employer Tolerated Repeated Verbal and Physical Racial and Sexual Harassment, Federal Agency Charges - PHOENIX - Riddle Painting and Coatings, an Arizona industrial and commercial painting company, violated federal law...more

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