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Miller Nash LLP

California Supreme Court Holds Single Allegation of Racial Slur by Coworker Sufficient to Form Basis of Hostile Work Environment...

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Recently, the California Supreme Court found that a plaintiff’s claim based on a single (disputed) racial epithet by a non-supervisory coworker was sufficient to form the basis of a hostile work environment claim—it was...more

Littler

Illinois Extends Statute of Limitations for Filing Discrimination Claims Under Illinois Human Rights Act, Adds Protected Classes,...

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Last week, Governor JB Pritzker signed into law several bills that significantly amend the Illinois Human Rights Act (IHRA). As a result of these amendments, Illinois employers should expect an uptick in discrimination cases...more

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

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

Orrick, Herrington & Sutcliffe LLP

New York Revises Law on Non-Disclosure Provisions in Settlements of Harassment, Discrimination and/or Retaliation Allegations:...

New York has amended its law on non-disclosure provisions in settlement agreements when those provisions seek to keep confidential the factual foundation of alleged sexual harassment, discrimination and retaliation....more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

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On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Seyfarth Shaw LLP

Prompt Remedial Action Saves the Day for This Employer

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Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing.  This case highlights the importance for employers...more

Littler

UK: New Bill Could Mean Employers Are Liable for Third-Party Harassment

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The UK Government is supporting the Worker Protection (Amendment of Equality Act 2010) Bill to significantly expand employers’ liability for harassment in the workplace....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Racial Slur From Owner's Six-Year-Old Son is Evidence of Offensive Working Environment

​​​​​​​Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Agrees That One Use of the "N-Word" Can Create a Racially Hostile Work Environment

Over the past decade, a growing number of federal appellate circuits have heard cases asking whether a single use of a racially offensive epithet is enough to clear the bar for a hostile environment racial harassment claim...more

Poyner Spruill LLP

EEOC Announces Two Recent Settlements of Title VII Race Lawsuits

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The Equal Employment Opportunity Commission (EEOC) recently announced two high-profile settlements of race claims – one for discrimination and one for harassment – that highlight the dangers of employers failing to protect...more

Maynard Nexsen

$137 Million Verdict Illustrates Importance of Competent Anti-Harassment Policies

Maynard Nexsen on

On October 4, 2021, a North California federal jury awarded a former Tesla subcontractor $137 million after finding that he had been subjected to a hostile work environment and that Tesla was responsible for the harm it...more

Morgan Lewis

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

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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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Allows New Type of Same-Sex Harassment Claim Based on Stereotyping

In its Oncale decision, the U.S. Supreme Court recognized that same-sex sexual harassment violates Title VII’s sex discrimination prohibition. In that case, the court said that plaintiffs can demonstrate same-sex harassment...more

Morgan Lewis

UK Employment Appeal Tribunal Ruling a Warning to Employers to Revisit Equality Training

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With growing reports of an increase in online harassment during government-imposed pandemic lockdowns, a recent UK Employment Appeal Tribunal case alerts employers to their obligations with respect to tackling bullying,...more

Fox Rothschild LLP

A Cautionary Tale About Same Race Discrimination

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A Black employee complains to Human Resources that her supervisor has directed racial slurs at her. The supervisor is Black too. Is this a defense to liability for the employer under Title VII? Hardly. The Eighth Circuit...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

EEOC’s Inaugural Annual Performance Report Reveals Charge Drop And Hints Of A Litigation Shift

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Seyfarth Synopsis: On February 10, 2020, the EEOC released its first-ever Annual Performance Report (“APR”) for Fiscal Year 2019 (see here). The APR is an analysis of the EEOC’s litigation goals and performance results, and...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

Faegre Drinker Biddle & Reath LLP

Ringing in the New Year: What Illinois Employers Can Expect in 2020

The employment landscape in Illinois is rapidly changing this upcoming year. To help prepare, we’ve provided a checklist for Illinois employers on the important changes they can expect in 2020....more

Allen Matkins

2020 Labor & Employment Law Update for California Employers

Allen Matkins on

As 2019 draws to a close, it is time to take a close look at some of the most important new laws that have been passed which will affect California employers in 2020 and beyond. As always, employers should review their...more

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