Employer Liability Issues Harassment

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Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

Despite employee’s concerns with speed, quality and outcome of harassment investigation, no reprisal under OHSA

Even though an employer’s harassment investigation was allegedly slow, inadequate and had a questionable outcome, the employee had not suffered a “reprisal” under the Ontario Occupational Health and Safety Act, the Ontario...more

Sex Discrimination Guidelines for Federal Contractors Finalized by U.S. Department of Labor

On June 14, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its Final Rule to update sex discrimination guidelines for federal government contractors. The OFCCP enforces...more

Sex Harassment in the Workplace: An Uptick in Cases, Awareness or Both?

The last few weeks it seems that I’ve been reading about sexual harassment in the workplace issues a lot more. Here are a few examples...more

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more

Sex harassment myth: “He said/she said” is no big deal.

I assume everyone has heard by now about Gretchen Carlson’s sexual harassment lawsuit against Roger Ailes, head of Fox News. I read the lawsuit yesterday, and some of the things that Mr. Ailes allegedly said struck me as...more

NJ Supreme Court Finds For Employees In Two Recent Cases

Seyfarth Synopsis: In two recent cases, the New Jersey Supreme Court unanimously expanded state law to protect individuals going through a divorce from discrimination, and remanded another case to the trial court with...more

Prevention and Early Intervention: Employers’ New Defences to Harassment Claims in France | Actions préventives et intervention...

In a significant change of direction, the French Supreme Court has held that an employer will not be liable for workplace harassment where it puts in place specific measures prior to and after the harassment taking place....more

Taking Workplace Training to the Next Level: EEOC Task Force Recommends Live, Interactive Harassment Prevention Training

On June 20, 2016, the U.S. Equal Employment Opportunity Commission released a 130-page report (“the Report”) on harassment in the workplace. The Report contains 45 specific recommendations and identifies 12 “risk factors”...more

EEOC Releases Draft Guidance Regarding National Origin Discrimination

Earlier this month, the Equal Employment Opportunity Commission (EEOC) released a draft of its new proposed enforcement guidance regarding national origin discrimination under Title VII – the first guidance it has issued on...more

Is Your Organization Prepared for Ontario Bill 132?

On September 8, 2016, new legislation in Ontario will go into effect requiring employers to investigate incidents or complaints of harassment or sexual harassment in the workplace. Employers with employees in Ontario will...more

Harcèlement moral : la fin de la responsabilité automatique de l’employeur sur le terrain de l’obligation de sécurité de résultat

La Chambre sociale de la Cour de Cassation, par un arrêt rendu le 1er juin 2016 (Cass. soc., 1er juin 2016, n°14-19.702) applique en matière de harcèlement la jurisprudence « Air France » relative à l'obligation de sécurité...more

The Customer Is Not Always Right: The Dangers Of Third-Party Harassment Claims

Like most in the hospitality industry, you are constantly balancing many competing demands. At any given moment, you could be focusing on managing staff performance. Or perhaps you are reviewing your employment policies to...more

Bullying in the workplace in France, Germany, Russia, the UK and the USA

There are important differences between the approaches that different countries take to address the issue of workplace bullying. This OnPoint provides an overview of the approaches taken in France, Germany, Russia, the UK and...more

Significant Changes Made to California’s Anti-Discrimination and Anti-Harassment Laws

California is constructing better protections for employees and reinforcing state laws that make clear it is an employer’s affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing...more

Is Sexual Harassment Training A Turn-Off For Men?

A semi-recent article in the New York Post — “The Corporate ‘Cure’ for Sexual Harassment Only Feeds the Disease” — cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing...more

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

Workplace Bullying: What’s a Multinational Employer to Do?

Workplace bullying is increasingly acknowledged as a global issue, affecting most countries, professions, and workers. Although there is presently no law against workplace bullying in the United States, what about a US based...more

Post that policy: California FEHA amended regs take effect April 1, 2016

On April 1, 2016, amended regulations under the California Fair Employment and Housing Act will take effect. Any employers with employees in California should make sure they are in compliance with the new regulations...more

Amended California FEHA Regulations (Effective April 1, 2016)

All employers with employees in California should carefully review harassment, discrimination, and retaliation policies and practices to ensure compliance with amended FEHA regulations. New Requirements for a Written...more

New California Harassment Policy Requirements, Effective April 1

Amended FEHA regulations cover a wide range of compliance topics and may require California employers to update their harassment and discrimination policies....more

Notice to California Employers: New Rules Dictate Precisely What Must Be in Handbooks Regarding Harassment, Discrimination, and...

Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation. ...more

It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in...more

Bill 132 Update: Ontario’s Sexual Violence and Harassment Legislation to Become Law September 8, 2016

In a previous post, we reported on Ontario’s new sexual violence and harassment legislation, Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related...more

Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

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