Harassment

News & Analysis as of

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

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

Employment Law Navigator – Week in Review: February 2017 #3

Over the weekend, a female Uber employee published a blog post that accuses the company of systemic sex discrimination and harassment. Uber quickly reacted, hiring former Attorney General Eric Holder to perform an “urgent...more

EEOC Issues New Harassment Guidance

The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance crystallizing the agency’s expectation that employers be proactive in eliminating workplace harassment. The Proposed Enforcement Guidance on...more

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

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

Beware What You Share – Disclosure of Medical Information Results in Retaliation and Interference Claims

A United States District Court in Florida thwarted an employer’s attempt to toss the FMLA claims of an employee who sued after his medical condition was disclosed to co-workers who subsequently made fun of him. The employee...more

Harassment of Patients Does Not Give Reporting Employee Cause of Action Under Title VII

Title VII of the Civil Rights Act protects employees against sexual and other types of harassment that result in a hostile and offensive working environment. What happens when the alleged harassment involves customers of the...more

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

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

EEOC Public Input Deadline on Proposed Harassment Enforcement Guidance Extended to March 21

On February 3, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it extended the public input period on its proposed enforcement guidance on unlawful workplace harassment. The public input period...more

Employment Law Navigator – Week in Review: February 2017

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

EEOC Extends Public Input Period On Proposed Harassment Enforcement Guidance to March 21

Agency Allows an Additional 40 Days for Input - WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has extended for 40 days the public input period on its proposed enforcement...more

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

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

EEOC’s Enforcement Guidance Urges Employers To Be Proactive in Preventing, Addressing Workplace Harassment

In its Proposed Enforcement Guidance on Unlawful Harassment issued on January 10, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) emphasizes that employers should take a proactive role in preventing harassment,...more

Employment Law Navigator – Week in Review: January 2017 #5

Over the weekend, U.S. employers reacted to the new administration’s executive order restricting entry to the United States by citizens of seven predominantly Muslim countries. Starbucks pledged to hire 10,000 refugees over...more

Court refuses small-town mayor’s OHSA-based request for injunction prohibiting resident from harassing her

An Ontario judge has rebuffed a small-town mayor’s attempt to use the Occupational Health and Safety Act‘s violence and harassment provisions to obtain a court order stopping a town resident from harassing her....more

Workplace Harassment: EEOC’s Employer Best Practices

How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do? This is my third and final installment on the proposed...more

EEOC Seeks Input Regarding Proposed Harassment Enforcement Guidance

On January 10, 2017, the United States Equal Employment Opportunity Commission (EEOC) issued proposed enforcement guidance on preventing workplace harassment for which it seeks input before implementation. The deadline for...more

Psychological harassment arbitration adjourned because employee awarded worker’s compensation benefits

An employee who received worker’s compensation benefits for “psychological injury due to harassment” has had her union harassment grievance, against her employer and supervisor, adjourned....more

Disclosing an Employee's Medical Condition May Result in an Automatic FMLA Violation

This is a story about Scott. He has a medical condition affecting his genito-urinary system. In the words of my two-year old, Maggie, this condition sounds yucky. Like other employees with a genito-urinary disorder,...more

“5th & Wine” Bar Sued By EEOC For Sex-Based Harassment and Retaliation

Scottsdale Wine Café Abused Employees Based on Their Actual and Perceived Sexual Orientation, Federal Agency Charges - PHOENIX - Scottsdale Wine Café, LLC (5th & Wine), a Scottsdale wine bar and restaurant, violated...more

9 “Fun” Facts About Workplace Harassment, From The EEOC

Last week, I shared with you what I didn’t like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment. Well, this is warm-and-fuzzy week. Moving on to the parts...more

Employment Law Navigator – Week in Review: January 2017 #3

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of...more

EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited...more

Gonnella Baking Co. to Pay $30,000 to Settle EEOC Race Harassment Lawsuit

Bread Manufacturer Failed to Stop Co-Workers' Racial Taunts, Agency Charged - CHICAGO -- Gonnella Baking Co. of Chicago will pay $30,000 to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission...more

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