Employer Liability Issues Harassment

News & Analysis as of

Complaint to a Harassing Supervisor Is Enough to Support a Title VII Retaliation Claim

An employee’s harassment complaint made directly to the harassing supervisor can be sufficient “protected activity” to support a Title VII retaliation claim, the 6th Circuit ruled last week in EEOC v. New Breed Logistics....more

Sixth Circuit Finds that Verbal Demand to Supervisor to Cease Harassing Behavior is Protected Activity Under Title VII

Most practitioners know that Title VII prohibits retaliation against any employee because he or she “opposed any practice made an unlawful employment practice [by the statute].”...more

Texas Supreme Court: Opposition to Inappropriate but not Unlawful Acts is not Protected Activity Under Texas Law

On April 24, 2015, the Supreme Court of Texas released an opinion in a case brought under Texas law that will help Texas employers defend themselves against claims of retaliation. In San Antonio Water System v. Nicholas, the...more

Protected Title VII Conduct Can Be As Simple As Telling Your Boss to Stop Harassing You

The Sixth Circuit recently ruled “a demand that a supervisor cease his/her harassing conduct constitutes protected activity covered by Title VII,” so that employees who tell a boss to stop harassing them are protected from...more

Transgender Rights in the Workplace: A Guide for Employers to Protect Against Harassment & Discrimination

Last week, President Obama signed an executive order banning discrimination against gay or transgender federal employees and contractors. On the same day, the first gender-neutral bathroom became available in the White House....more

Manager was not a “competent person” to conduct harassment / violence investigation under Canada Labour Code: Court

The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under the Canada Labour Code because the employee who filed the complaint had not agreed that the manager...more

Important News on the Equal Opportunity Jerk: Minnesota Workplace Bullying Bill Is Reintroduced

When I present harassment training, I tell my audience that harassment is usually unlawful only when based on a protected-class status, such as race, gender, age, disability, etc. During the training, I often tell the story...more

2015 Employment Law Issues Tournament: Second Round Results and Recaps

If you thought the Round of 64 was wild, then wait until you see what happened during the second round. Let’s just say that some shocking upsets left many a bracket busted wide open....more

$15 Million Awarded to Former Employees For Harassment and Discrimination

A trucking and ground support services company is paying dearly for alleged employee discrimination and harassment. Last month, a jury awarded nearly $15 million to seven former employees who sued the company over practices...more

New 'Digest of EEO Law' Issued by EEOC

Includes Key Federal Sector Decisions, Special Article on Harassment - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced that the latest edition of its federal sector Digest of Equal...more

Employment Law in Switzerland: Part III

This article is the third in a series which will provide an introduction to employment law in Switzerland and will cover the basic laws applicable to prohibitions against discrimination and harassment and the remedies...more

New Jersey Supreme Court Provides Guidance to Employers Defending Against Certain Supervisory Harassment Claims

On February 11, 2015, the New Jersey Supreme Court for the first time directly addressed and adopted the standard set forth in the U.S. Supreme Court's 1998 decisions in Burlington Industries, Inc. v. Ellerth and Faragher v....more

Employers Beware: Increased Attention to Workplace Harassment and Wellness Programs by the EEOC Coming in the New Year

Newly appointed U.S. Equal Employment Opportunity Commission (EEOC) Chair Jenny Yang recently offered some insight into the EEOC’s areas of focus for 2015, providing employers with a preview of some of the key regulatory and...more

New Government Contractor Regulations Define and Prohibit Workplace Sexual Bias - The Guidelines Are in Fact Requirements for...

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has proposed the first major substantive changes to its Sex Discrimination Guidelines in more than 40 years. The new regulations are significant...more

DOJ Announces Transgender Discrimination Prohibited under Title VII

According to a memo released by Attorney General Eric Holder, the Department of Justice (DOJ) will now interpret federal law — specifically Title VII of the Civil Rights Act — to prohibit workplace harassment and...more

Skanska USA Building to Pay $95,000 to Settle EEOC Racial Harassment and Retaliation Lawsuit

Building Contractor Ignored Complaints of Racial Harassment and Fired Black Employees in Retaliation, Federal Agency Charges - MEMPHIS, Tenn. - Skanska USA Building, Inc., a building contractor headquartered in...more

Employers: Don’t Forget About the Possibility of Associational Discrimination Liability

A case out of a New York State appeals court should remind employers that they may liable for discrimination where they take an adverse action against an employee based on the employee’s association with someone in a...more

New Public Employment Laws for 2015

Year in and year out, one thing is true: In California, there will always be new laws affecting employers, and 2015 is no exception. Below is a brief description of the laws that public sector employers need to be aware of...more

2015 Labor and Employment Law Checklist

Each year, LP’s Labor & Employment Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you find this 2015...more

New Year’s Resolution for Missouri Employers: Arbitration Agreements In Light of Jimenez v. Cintas Corporation

Still looking for a New Year’s resolution? The Missouri Court of Appeals rang in 2015 by refusing to enforce an arbitration agreement between an employer and an employee. The decision continues the robust trend in Missouri of...more

Missouri Court of Appeals Further Restricts Arbitration Agreements

The Missouri Court of Appeals rang in the New Year by issuing an opinion that continues the trend in Missouri of restricting the enforceability of arbitration clauses. In light of this decision, employers should revisit their...more

Media Company Charged with Frat House Atmosphere in Sexual Harassment Suit

A nationwide media company is facing a sexual harassment lawsuit claiming the "adult frat house" culture of its southern California office contributed to multiple instances of sexual harassment by male employees against...more

New Workplace Harassment Training Challenges (And How to Tackle Them)

Workplace harassment is a decades-old problem that, frustratingly, takes on new forms and new life each year. Harassment and discrimination (including gender, age, disability, religion and racial workplace discrimination)...more

The EEOC Turns 50: What Employers Can Expect In 2015

In 1964, the average income was $5,880. Minimum wage was $1.25/hour. You could buy a new home for $20,500, a new Ford Mustang for $2,360, and Congress passed The Civil Rights Act of 1964, creating the EEOC. This year the EEOC...more

You’ve Gotta Be Kidding. THIS Is Retaliation?

I am not making this up. International Monetary Systems, Ltd., is facing a jury trial on a retaliation claim made by a former employee. The company is going to trial because it listed the plaintiff by name on the disclosures...more

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