Harassment

Ostracism and Petty Mistreatments May Collectively Rise to the Level of Hostile Work Environment for Light Duty Employee

by Maria Greco Danaher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/7/2013

A female plumber on “light duty” in the city of Chicago’s Department of Sewers filed a lawsuit alleging that her supervisor assigned menial work to her, prohibited her co-workers from interacting with her, and subjected her...more

EEOC Sues Cal-Maine Foods for Racial and Sexual Harassment, Retaliation

by U.S. Equal Employment Opportunity Commission... on 5/6/2013

Egg Producer Fired Employee for Reporting Race and Sexual Discrimination, Federal Agency Charges - WAELDER, Texas - Cal-Maine Foods, Inc., a national company that produces, processes and sells shell eggs, violated...more

EEOC Wins Jury Verdict of More than $20 Million for Sexual Harassment and Retaliation

by U.S. Equal Employment Opportunity Commission... on 5/2/2013

Florida Travel Agency Subjected Women to Verbal and Physical Abuse and Disrespect, Manager Fired for Complaining, Federal Agency Charged - TAMPA, Fla. - A federal jury has returned a unanimous verdict awarding a total...more

Jury Awards $240 Million for Long-Term Abuse of Workers with Intellectual Disabilities

by U.S. Equal Employment Opportunity Commission... on 5/2/2013

Historic Verdict Against Henry's Turkey Service for Men Subjected to Verbal and Physical Harassment, Housed in Substandard Facilities, Denied Medical Care - WASHINGTON - A Davenport, Iowa jury today awarded the U.S....more

One Slur Enough to Bring Racial Harassment Case, Court Rules

by Aaron Kase | Lawyers.com on 4/19/2013

A recent decision by the U.S. Court of Appeals for the D.C. Circuit states that a plaintiff may bring a harassment claim against an employer for a single offensive slur, if the insult is egregious enough....more

Fifth Circuit: No Fee Shifting For Title VII Mixed-Motive Retaliation Claims

by Jonathan Hershberg, Harris M. Mufson, Steven J. Pearlman | Proskauer - Whistleblowing & Retaliation on 4/18/2013

On April 3, 2013, the Fifth Circuit affirmed a ruling from the U.S. District Court for the Northern District of Texas that a plaintiff was not entitled to attorney’s fees and costs under Title VII (42 U.S.C. § 2000 e-5(g))...more

EEOC Sues Olympia Construction

by U.S. Equal Employment Opportunity Commission... on 4/18/2013

Black Employees Racially Harassed by Project Superintendent and Fired When They Complained and Sought Help From EEOC, Agency Charges - SELMA, Ala. - Olympia Construction, Inc. violated federal anti-discrimination laws...more

Fenwick Employment Brief: California Court Addresses Admissibility Of "Me Too" Evidence Of Discrimination

by Sheeva J. Ghassemi-Vanni, Daniel J. McCoy | Fenwick & West LLP on 4/17/2013

In Hatai v. Dept. of Transportation, a California court of appeal upheld a trial court's decision to exclude "me too" evidence of discrimination from individuals outside of the plaintiff's protected class, but in doing so...more

EEOC Sues Winfield Rubber for Retaliation

by U.S. Equal Employment Opportunity Commission... on 4/9/2013

Manager Fired for Disciplining Accused Harasser, Federal Agency Charges - BIRMINGHAM, Ala. Winfield Rubber Manufacturing Co., Inc. violated federal law when it retaliated against one of its managers for firing an...more

East Coast Waffles Settles EEOC Lawsuit for Retaliation

by U.S. Equal Employment Opportunity Commission... on 3/29/2013

Federal Agency Charged Restaurant Fired Employee for Complaining About Customer Harassment - TAMPA, Fla. - East Coast Waffles, Inc., an Atlanta-based company which owns and operates more than 100 Waffle House...more

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

by Anthony Oncidi | Proskauer - California Employment Law on 3/27/2013

Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary...more

Handling Complaints of Harassment Made Against Non-Employees

by Archana Acharya | Foley & Lardner LLP on 3/27/2013

As we have previously noted, employers often wonder what to do when an employee makes a harassment complaint, but the alleged harasser is not another employee. The employer cannot simply do nothing, but it also generally does...more

Workplace Violence And Harassment Top MOL Orders In Blitz

by Adrian Miedema | Dentons on 3/19/2013

Workplace violence and harassment was the most common category of compliance orders made by Ontario Ministry of Labour inspectors in a recent compliance blitz in the manufacturing sector....more

Todd Packer’s Revenge

by Adam Klarfeld | FordHarrison on 3/19/2013

In last week’s episode, this blog’s all-time favorite character returned with gifts. And when I say “gifts,” I mean gifts for the writers of this blog; not so much for the Scranton branch. That’s right, Dunder Mifflin’s...more

Second Circuit Adopts EEOC’s Rule On Harassment By A Nonemployee

by Cynthia A. Augello | Cullen and Dykman LLP on 3/14/2013

In a recent opinion, the Second Circuit adopted the Equal Employment Opportunity Commission’s (“EEOC”) rule imputing employer liability when a worker reports harassment by a nonemployee. The case, Summa v. Hofstra Univ., 2013...more

Managers File Complaints About Employees’ Offensive Blog Posts, But Remedy Denied

by Adrian Miedema | Dentons on 3/14/2013

Usually employees complain about their managers, not the other way around. In an interesting case, a group of managers, who complained that their workplace had been poisoned by the employer’s inaction in the face of...more

Corporations Can’t Be Harassed

by Bill Wright | Sherman & Howard L.L.C. on 3/12/2013

According to the U.S. Supreme Court, corporations have First Amendment rights, at least to the extent that they can make monetary contributions to political candidates.* However, the Tenth Circuit Court of Appeals recently...more

Lean Mean Civil Rights Machine: What to Expect from the EEOC through 2016

by Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/26/2013

In an informative panel for the Ogletree Deakins Washington, D.C. Legislative and Regulatory Conference on February 21, 2013, Equal Employment Opportunity Commission (EEOC) Commissioners Chai Feldblum and Victoria Lipnic...more

Textual Harassment Could CRE8 Liability For Employers

by Kristin A. LaRosa | Pepper Hamilton LLP on 2/25/2013

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

There’s a New Sheriff in Town

by Kelly Scott | Ervin Cohen & Jessup LLP on 2/25/2013

Most employers know that if an employee feels as though he or she is being discriminated against or harassed in the workplace, there will be the possibility of a lawsuit. While most employers understand this dynamic, they...more

Why Employers Need To Keep Adequate Records

by Michael Newman | Barger & Wolen on 2/13/2013

Here is a pattern that tends to repeat itself often in employment litigation. A disgruntled employee sues an employer for discrimination, harassment, or wrongful termination. A lawsuit is filed. And then, the attorney who...more

Recent Lawsuits Highlight Common Discrimination Issues For Retail Employers

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 2/8/2013

Retail employers, whether a large nationwide chain or a small mom-and-pop shop, often face a wide variety of discrimination and harassment claims because they frequently deal with a workforce that is young, is diverse and may...more

Employment Law Blog: Happy Valentine's Day - Maybe!

by Becky Knutson | Davis Brown Law Firm on 2/7/2013

As the holiday approaches, romantically inclined employees look forward to lovely deliveries and declarations that appear in the workplace. Employers desiring fewer holiday and post-holiday complaints may want to do some...more

Jury Awards $200,000 in Damages Against A.C. Widenhouse in EEOC Race Harassment Suit

by U.S. Equal Employment Opportunity Commission... on 2/5/2013

Jury Determines Trucking Company Subjected African-American Employees to Racial Slurs and Nooses - WINSTON SALEM, N.C. - In a legal victory for the U.S. Equal Employmen Opportunity Commission (EEOC), a North Carolina...more

Kintetsu International Express to Pay $77,500 to Settle EEOC Disability Harassment, Retaliation Suit

by U.S. Equal Employment Opportunity Commission... on 2/4/2013

Supervisor Constantly Degraded Tour Coordinator with Arthritis, Then Forced Her and Co-Worker Out for Reporting Harassment, Federal Agency Charged - HONOLULU, Hawaii - Kintetsu International Express (USA), Inc. - a...more

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