News & Analysis as of

Harassment

The Dialogue: Workplace Complaints and Happy Endings As Rare As Unicorn Frappuccinos?

by Shipman & Goodwin LLP on

The Dialogue — one of more popular recurring posts — returns for the third time. Does that mean the third time’s the charm?...more

Sealy of Minnesota to Pay $175,000 to Resolve EEOC Finding of Unlawful Racial Harassment

Senior Management Failed to Take Action on Complaints Involving Noose, KKK Hood, Racist Epithets and Jokes at Work, Federal Agency Charged - MINNEAPOLIS - Sealy of Minnesota has agreed to pay $175,000 to resolve a charge...more

Sexual Harassment In The News Likely To Lead To Uptick In Claims

by Fisher Phillips on

Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines...more

Employer Potentially Liable for Supervisor's Off-Duty Murder of Employee

Most employers know that they can be held liable in some situations based on negligent hiring or retention of an employee who harms a third party. A new decision from the Seventh Circuit Court of Appeals cautions employers...more

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

by Zelle LLP on

Last week, HR Dive reported a Yale University global study on the forces behind continued underrepresentation of women in business leadership. After surveying 5,000 individuals in 100 countries, the study concluded that...more

New EEOC Proposed Guidelines May Signal What is to Come in the Area of Sex-Based Workplace Discrimination

by Baker Donelson on

A few weeks ago, the public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed guidance on unlawful workplace harassment closed, drawing mixed responses from commentators. The purpose of the...more

Employment Law Navigator – Week in Review: April 2017

by Zelle LLP on

There was a lot of discrimination law action last week, including the announcement of a $12 million settlement to be paid by Texas Roadhouse. The EEOC brought an age discrimination suit against the Louisville, Kentucky-based...more

Employment Law - March 2017 #2

Continuing Violation Doctrine Keeps Title VII Suit Alive - Why it matters - The U.S. Court of Appeals for the Fifth Circuit allowed a professor to move forward with her Title VII hostile work environment claims...more

Is Your Anti-Harassment Training Making the Grade?

by Miller & Martin PLLC on

If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more

King-Lar Company Will Pay $325,000 To Settle EEOC Color and National Origin Discrimination Lawsuit

Decatur Sheet Metal / HVAC Company Allowed Verbal Harassment and a Physical Attack Against Black Hispanic Employee, Federal Agency Charged - CHICAGO - Decatur, Ill.-based company King-Lar will pay $325,000 to settle a...more

Jackson Lewis Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

by Jackson Lewis P.C. on

Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine...more

Federal Discrimination Claim Tossed Where Plaintiff Unable to Establish Prima Facie Case

by Jackson Lewis P.C. on

A Louisiana federal district court granted a company’s motion for summary judgment regarding a former employee’s Title VII race discrimination, harassment, and retaliation claims. Cassimere v. Fastorq LLC. Plaintiff, an...more

Whacky Employment Claims: Who's Whackier? Management or the Employee?

by Lewitt Hackman on

As employment defense attorneys, we see many strange situations arise in the workplace. The question is, how prepared are you as an employer to handle the wackiness that may potentially arise when your employees make...more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

by Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Repeated "Friendly" Hugs and Kisses Can Rise to the Level of Actionable Sexual Harassment

Some people are naturally more affectionate than others. Most people have friends or acquaintances who go for hugs when a handshake is all that you expect. In the workplace, these personality types can clash, and “huggers”...more

For the First Time Since 2011 Case Closure Time for Employee Hotline Reports Is Down

by NAVEX Global on

Case closure times on employee hotline reports improved last year—one of the most promising findings in NAVEX Global’s 2017 Hotline Benchmark Report. The four-day drop in median closure time indicated in the 2016 report halts...more

March Grabness: Lessons from the (Basketball) Court: Avoiding Personal Fouls, Violations and Time Outs in the Workplace

Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA...more

Fifth Circuit Warps Time In Decision On The Continuing Violation Doctrine

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Fifth Circuit Court of Appeals recently held for the first time that the continuing violation doctrine applies even when a plaintiff was subject to harassment that was severe enough to put the...more

Will The NLRB’s Protection of Unacceptable Conduct Last?

by Akerman LLP - HR Defense on

It’s ironic, isn’t it? While the EEOC could find an employer liable for tolerating racist or sexist remarks by employees, the NLRB has repeatedly found employers liable for failing to do so under the guise of protecting...more

In Search of the Reasonable Person

by Zelle LLP on

Allegations of sexual harassment continue to attract media attention and commentary, including ours. As we review developments, we note that a wide variety of workplace behaviors are being challenged and scrutinized. ...more

You Don’t Look Like You Are From Around Here: EEOC Guidance on National Origin Discrimination

If you weren’t sure what it meant to discriminate against someone because of their national origin, the EEOC wants to help. The newly revised Section 13 of the EEOC Field Manual provides guidance on how the EEOC defines...more

The Customer Is (Not) Always Right: An Employer's Duty to Protect

by Lewitt Hackman on

Everyone is entitled to their opinion, and in this political climate, it seems as though more people are comfortable voicing those opinions, even if they may offend someone. Although free speech is a primary pillar of...more

Harassment Discrimination Covers the Waterfront

by Ruder Ware on

We have always been concerned about the extent to which employees or the Equal Employment Opportunity Commission (EEOC) could claim they were suffering from harassment in the workplace. Recent guidance from the EEOC...more

Employment News - March 2017 #1

by Hogan Lovells on

Missing the jackpot – High Court awards nominal damages for breach of confidentiality - Marathon Asset Management LLP v Seddon arose out of a team move from an investment management business (MAM). Prior to leaving...more

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