News & Analysis as of

Employer Liability Issues Harassment

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

Repeated "Friendly" Hugs and Kisses Can Rise to the Level of Actionable Sexual Harassment

Some people are naturally more affectionate than others. Most people have friends or acquaintances who go for hugs when a handshake is all that you expect. In the workplace, these personality types can clash, and “huggers”...more

March Grabness: Lessons from the (Basketball) Court: Avoiding Personal Fouls, Violations and Time Outs in the Workplace

Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA...more

In Search of the Reasonable Person

by Zelle LLP on

Allegations of sexual harassment continue to attract media attention and commentary, including ours. As we review developments, we note that a wide variety of workplace behaviors are being challenged and scrutinized. ...more

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

Harassment Discrimination Covers the Waterfront

by Ruder Ware on

We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace. Recent guidance from the EEOC...more

Avoid Paying The Piper: Tune Your Startup to Avoid Harassment Claims

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Heeding some lessons from HBO’s “Silicon Valley” can help employers avoid mistakes related to potential hostile work environments and discrimination that might occur in a startup environment. In a...more

EEOC: Harassment Continues to be a Serious Problem in the Workplace

Unlawful harassment is alive and well in the workplace. According to a report issued last year by a Select Task Force of the Equal Employment Opportunity Commission (“EEOC”) on the Study of Harassment in the Workplace (the...more

Hugging Can Create a Hostile Work Environment, Ninth Circuit Rules—Are Your Employees Aware?

by Dorsey & Whitney LLP on

“He’s just the hugging type”—we have all heard one time or another in the workplace. But is there a limit to platonic hugging in the workplace? The Ninth Circuit recently ruled there is....more

Yes, Harassment Issues Still Persist — Just Ask Uber’s Lady Engineers

by Fox Rothschild LLP on

I remember back in 2004 when AB 1825 passed, requiring all California businesses with over 50 employees to train all managers and supervisors on harassment prevention.  It was one of the first significant employment laws...more

“Repeated exposure to supervisor constituted a dangerous situation”, employee arguing

by Dentons on

The Federal Court has breathed new life into a government employee’s claim that “repeated exposure to her supervisor constituted a dangerous situation” that justified her work refusal under the Canada Labour Code. The case...more

Key Takeaways for Employers from the EEOC's Proposed Enforcement Guidance on Harassment

by Baker Donelson on

Thirty years ago, the U.S. Supreme Court held in the landmark case of Meritor Savings Bank v. Vinson that workplace harassment is an actionable form of discrimination prohibited by Title VII of the Civil Rights Act of 1964....more

The Blind Side: EEOC's "Proposed Enforcement Guidance on Harassment" Reminds Employers that Workplace Harassment Can Cost Them...

by Ward and Smith, P.A. on

Background - On January 10, 2017, the United States Equal Employment Opportunity Commission (the "EEOC") did employers a favor. It released "a proposed enforcement guidance addressing unlawful harassment under the...more

Employment Law Navigator – Week in Review: February 2017

by Zelle LLP on

The challenge of diversity in the technology sector continues to make headlines. Last week, Apple’s shareholders said they will challenge the company’s diversity initiatives at an upcoming shareholder meeting because the...more

EEOC Issues Proposed Enforcement Guidance on Unlawful Harassment

The Equal Employment Opportunity Commission is seeking public comment on its newly proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws. The initial deadline for...more

Employer’s Guide to Doing Business In California – Newly Updated

by Fox Rothschild LLP on

The allure of doing business in California is undeniable. It is the world’s sixth largest economy and a market of more than 36 million people. For employers, however, California presents unique challenges because its laws...more

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