News & Analysis as of

Harassment Emotional Distress Damages

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

Obermayer Rebmann Maxwell & Hippel LLP

Key Takeaways for Employers from the $137 Million Race Harassment Verdict Against Tesla

On October 4, 2021, a federal jury in California awarded $136.9 million to a Black former Tesla subcontractor, Owen Diaz, after finding that Tesla subjected him to a racially hostile work environment. The jury awarded Diaz...more

Proskauer - California Employment Law

San Francisco Jury Hits Tesla with $137 Million Race Harassment Verdict

On Monday afternoon, a San Francisco federal court jury awarded $137 million to a Black former elevator operator who worked at Tesla’s Fremont facility for approximately one year before quitting his employment in 2016.  ...more

Fox Rothschild LLP

A Cautionary Tale About Same Race Discrimination

Fox Rothschild LLP on

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

Haight Brown & Bonesteel LLP

Disclosure of Personal Information Leads to Employer and Supervisor Liability

In Delane Hurley v. California Department of Parks and Recreation, California Court of Appeal, Fourth Appellate District, D070098 (February 21, 2018) plaintiff Hurley recovered damages for intentional and negligent infliction...more

Seyfarth Shaw LLP

New Jersey Supreme Court “Plants the Seeds” for Increase in “Garden Variety” Emotional Distress Jury Awards

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey employers were dealt an “emotional” blow when the New Jersey Supreme Court, in Cuevas v. Wentworth Group, affirmed a trial court’s denial of an employer’s request for remittitur of the...more

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