News & Analysis as of

Employer Liability Issues Harassment Adverse Employment Action

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

Perkins Coie

Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

Perkins Coie on

Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the...more

Morgan Lewis

UK Employment Appeal Tribunal: ‘Gender-critical’ Beliefs Are Protected Philosophical Beliefs

Morgan Lewis on

The UK’s Employment Appeal Tribunal (EAT) found on 10 June 2021 in Maya Forstater v CGD Europe and others that gender-critical beliefs—including believing that one’s biological sex is immutable and not to be conflated with...more

Littler

Hold the Phone: Employees Can Bring Common-Law Wrongful Discharge Claims in Oregon for Seeking Legal Advice About Their Employment

Littler on

On March 3, 2021, in Rohrer v. Oswego Cove, LLC, the Oregon Court of Appeals reversed the lower court’s dismissal of an employee’s common-law wrongful discharge claim for seeking legal advice about her employment....more

Weintraub Tobin

The Continuing Spread Of Employee Lawsuits Related To COVID-19

Weintraub Tobin on

A blog we published here on May 28, 2020, warned that whistleblower, disability and leave claims against employers may reach a fever pitch as workplaces begin reopening from the COVID-19 shutdown. A recent audit by the U.S....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

France Requires Employers to Investigate Harassment Claims Even Without Evidence

French employers are now obligated to investigate any allegation of harassment, even where the employee does not produce any evidence. This is the position taken by the French Cour de Cassation in November 27, 2019, case...more

Seyfarth Shaw LLP

A Look Behind The EEOC Curtain: Enforcement Statistics Show Fewer Charges Filed In 2019, But Monetary Recoveries Ticked Up In Some...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2019. Notably, the statistics indicate that 2019 saw the lowest number of charges filed in over 20 years, though there...more

U.S. Equal Employment Opportunity Commission...

Bisconti Farms, Inc. and Bisconti Management, Inc. to Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Suit

Female Manager and Two Female Employees at Mushroom Farm Sexually Harassed Multiple Female Workers, Federal Agency Charged - READING, Pa. - Bisconti Farms, Inc. and Bisconti Management, Inc. (collectively, "Bisconti...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bay Country Professional Concrete for Racial and Sexual Harassment and Retaliation

Concrete Contractor Fired Worker after He Complained about Assault, Federal Agency Says - BALTIMORE - Baltimore County-based Bay Country Professional Concrete violated federal law when it subjected a male concrete...more

Seyfarth Shaw LLP

Fourth Circuit Ruling Provides Cautionary Tale for Employer’s Managing Internal Harassment Complaints and Investigations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Daisy Dukes & Boots Saloon For Sexual Harassment and Retaliation

Assistant Manager Sexually Harassed Female Employees, Federal Agency Charges - RICHMOND, Va. - NAKI Corporation, d/b/a Daisy Dukes & Boots Saloon ("Daisy Dukes"), a country western dance bar and restaurant located in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Premier Employee Solutions For Sexual Harassment

Line Lead Subjected Employee to Sexual Comments and Touching, Federal Agency Charges - GREENSBORO, N.C. - Premier Employee Solutions LLC (Premier), an Arizona company that provides temporary labor to a variety of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bisconti Farms, Inc. For Sexual Harassment And Retaliation

Female Manager at Temple Mushroom Farm Sexually Harassed Multiple Female Workers, Federal Agency Charges - PHILADELPHIA - Bisconti Farms, Inc., a mushroom farm in Temple, Pa., violated federal law when it subjected female...more

U.S. Equal Employment Opportunity Commission...

SOL Mexican Grill Sued by EEOC For Sex Discrimination and Retaliation

Female Employees Were Subjected to Lewd Comments, Inappropriate Physical Contact, and Other Forms of Sexual Harassment, Agency Alleges - WASHINGTON - Sol Mexican Grill, LLC violated federal law when it subjected a class...more

Parker Poe Adams & Bernstein LLP

Management Company Possibly Considered Hotel Worker's Employer for Title VII Liability

In the hospitality industry, it is fairly common for a hotel to retain a management company to run housekeeping, food and beverage, and other functions. While the management company may supervise and direct the work of hotel...more

U.S. Equal Employment Opportunity Commission...

Mediacom Communications Sued by EEOC for Sexual Harassment

Company Failed to Stop a Male Employee's Rampant Sexual Harassment of Female Employees, Federal Agency Charges - ATLANTA - Mediacom Communications Corp., a nationwide provider of telecommunications services, violated...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Power Company for Sexual Harassment and Retaliation

Energy Company Fired Employee Because She Complained About Sexual Harassment, Federal Agency Says - ABINGDON, Va. - Charleston, W.V.-based Appalachian Power Company, an electric utility company, violated federal law when...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Help USA For Sex Harassment

Housing Provider Allowed Harassment of Female Employees to Go Unchecked, Federal Agency Charges - NEW YORK - HELP USA, a nationwide provider of housing and support services, violated federal law when it failed to stop...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Seven More Suits Against Harassment

Agency Challenges Harassment and Retaliation Across the Country - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) filed seven lawsuits this week against various employers charging them with...more

U.S. Equal Employment Opportunity Commission...

Coral Gables Trust Company to Pay $180,000 To Settle EEOC Sexual Harassment and Retaliation Suit

Male Supervisor Harassed Female Executive Assistant and Marketing Officer and Retaliated After She Complained, Federal Agency Charged - MIAMI - Coral Gables Trust Company (CGTC), a South Florida-based privately held trust...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Beavers’ Inc. / Arby’s For Sexual Harassment of Teen Workers

Atmore Arby's Management Ignored Ongoing Sexual Harassment Despite Repeated Employee Complaints, Federal Agency Charges - BIRMINGHAM, Ala. - Beavers' Inc., doing business as several Arby's franchises in the Southeast,...more

Seyfarth Shaw LLP

Failure to Investigate and Fat-Shaming Permit Employment Claims to Proceed

Seyfarth Shaw LLP on

Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more

Littler

The Higher They Are, The Harder You Fall

Littler on

You don’t need to be a cable news network, a Hollywood production company, a media mogul or a politician in order to feel the ripple effect from the recent wave of workplace sexual harassment claims. While such harassment...more

U.S. Equal Employment Opportunity Commission...

U.S. EEOC Opens Registration for Guam EEO Seminar for Private and Public Employers

Federal Agency's Full-Day Seminar to Take Place Sept. 19 in Tumon at the Pacific Star Resort - GUAM - The federal agency tasked with enforcing laws against employment discrimination, the U.S. Equal Employment Opportunity...more

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