News & Analysis as of

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

Proskauer - California Employment Law

New Trial Threat To California Employers Has Arrived

A newly enacted, under-the-radar statute in California could undermine efforts by employers to challenge the expert opinion testimony regarding alleged emotional distress offered by employees at trial. In many if not most...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

Paul Hastings LLP on

On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...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

Too Little, Too Late: The First Circuit Finds For Employers in an Accommodation Request Made After The Termination Decision

Seyfarth Shaw LLP on

Seyfarth Synopsis: The First Circuit recently sided with an employer in a disability discrimination suit in Trahan v. Wayfair Maine, Inc., Civil Action 19-1961....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

Littler

Littler Global Guide - Japan - Q4 2019

Littler on

Employment Security Up to the Age 70 - Proposed Bill or Initiative - On December 25, 2019, Labor Policy Council has proposed to the Minister of Health, Labor and Welfare to take legislative actions to provide measures...more

Proskauer - California Employment Law

Disability Discrimination, Harassment and Retaliation Claims Were Properly Dismissed

Doe v. Department of Corr. & Rehab., 2019 WL 6907515 (Cal. Ct. App. 2019) - John Doe, who worked as a psychologist at Ironwood State Prison, alleged discrimination, harassment and retaliation based upon a disability; Doe...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....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

Sheppard Mullin Richter & Hampton LLP

Did New Jersey Just Try to Ban Employment Arbitration Agreements?

On March 18, 2018, the New Jersey Law Against Discrimination (NJLAD) was amended to prohibit prospective waivers of substantive and procedural rights or remedies relating to a claim of discrimination, retaliation, or...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

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