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Employer Liability Issues Harassment

The Dialogue: Sex Harassment in the Workplace — Still an Issue, but How Much?

by Shipman & Goodwin LLP on

The Dialogue, a online conversation between yours truly and a prominent employee-side attorney, Nina Pirrotti, returns today with another installment — this time tackling the topic of sexual harassment in the workplace. As...more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a...more

Stemilt Growers and Ag Services Sued By EEEOC For Sexual Harassment, Retaliation

Federal Agency Alleges Latina Tractor Driver Demoted After Refusing Supervisor's Sexual Advances - SEATTLE -The largest grower of organic tree fruit in the United States, Stemilt Growers, and its integrated business,...more

WEB EXCLUSIVE: The Changing Face Of Discrimination

by Fisher Phillips on

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Politics in the Workplace

by Baker Donelson on

Employees are complaining that they are being discriminated against or harassed by management or other employees based on their political beliefs because an employee's political beliefs may relate to, or be intertwined with,...more

EEOC Pulls the Hood Off of Employer’s Attempt to Retaliate against Its Employee

Can an employer force an employee to agree that his complaints have been adequately addressed? On April 26, the EEOC announced that Downhole Technology LLC will pay a former employee $120,000 and provide other relief after it...more

New California Workplace Harassment Guide Is Useful Tool for Preventing and Addressing Harassment, Discrimination, and Retaliation

by Reed Smith on

On May 2, 2017, the California Department of Fair Employment and Housing (DFEH) issued a Workplace Harassment Guide, which offers recommendations for employers on how to prevent and address harassment in the workplace. While...more

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

by Littler on

Properly identifying the decisionmaker in an employment discrimination case is important because it is the intent of the decisionmaker that determines whether an adverse employment action was motivated by a discriminatory or...more

Glaser Organic Farms Llega A Un Acuerdo Resolutorio En La Demanda Que La EEOC Habia Radicado Por Acoso Basado En Origen Nacional,...

Trabajadoras de la Cocina Fueron Compensadas por el Discrímen por parte de la Gerencia Basado en Origen Nacional y Color - MIAMI-Glaser Organic Farms, es una granja de venta al detal en Redlands cuyo propietario y...more

“Ask Amy,” Part Deux: Amy Gets The Message

I recently complained that Amy Dickson, author of the “Ask Amy” syndicated advice column, had given some poor (or at least premature) employment law advice to a reader. Apparently, a number of her readers expressed similar...more

With N Word, Once is Enough. Second Circuit Rules on Hostile Environment Case

Is a single incident enough for a hostile work environment claim? It is in the Second Circuit. In Daniel v. T&M Protection Resources, Inc., the court held that one racial epithet was sufficiently severe, by itself, to create...more

Beware Hugging at Work

A recent article in the Wall Street Journal published on April 17, 2017, “Embraceable You: When the CEO Is a Hugger,” describes a trend in which some executives greet employees and business associates with hugs in lieu of the...more

Hiatt & Mason Enterprises to Pay $35,000 to Settle EEOC Racial Harassment Lawsuit

Black Employee Subjected to Racial Epithets Almost Daily, Federal Agency Charged - MOUNT AIRY, N.C. - Hiatt & Mason Enterprises, Inc., a structural steel erection services company, has agreed to pay $35,000 and provide...more

When Is Harassment Not Harassment? Guidance From The EAT

by Dentons on

In the case of Baker v. Peninsula Business Service Limited [2017] UKEAT/0241/16, the EAT confirmed that an individual cannot succeed in a claim for disability harassment, unless they first prove that they have that protected...more

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

by Shipman & Goodwin LLP on

The Dialogue — one of more popular recurring posts — returns for the third time. Does that mean the third time’s the charm?...more

Sexual Harassment In The News Likely To Lead To Uptick In Claims

by Fisher Phillips on

Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines...more

Employer Potentially Liable for Supervisor's Off-Duty Murder of Employee

Most employers know that they can be held liable in some situations based on negligent hiring or retention of an employee who harms a third party. A new decision from the Seventh Circuit Court of Appeals cautions employers...more

New EEOC Proposed Guidelines May Signal What is to Come in the Area of Sex-Based Workplace Discrimination

by Baker Donelson on

A few weeks ago, the public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed guidance on unlawful workplace harassment closed, drawing mixed responses from commentators. The purpose of the...more

Employment Law - March 2017 #2

Continuing Violation Doctrine Keeps Title VII Suit Alive - Why it matters - The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims...more

Is Your Anti-Harassment Training Making the Grade?

by Miller & Martin PLLC on

If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

by Jackson Lewis P.C. on

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an...more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

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