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Harassment Hostile Environment Employer Liability Issues

Miller Nash LLP

California Supreme Court Holds Single Allegation of Racial Slur by Coworker Sufficient to Form Basis of Hostile Work Environment...

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Recently, the California Supreme Court found that a plaintiff’s claim based on a single (disputed) racial epithet by a non-supervisory coworker was sufficient to form the basis of a hostile work environment claim—it was...more

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Miller Nash LLP

Posting Outside the Office, but Not Outside the Scope of an Employer’s Potential Liability

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Between hybrid work, flexible schedules, online meetings, and the ubiquity of social media, the lines between in and out of office conduct continue to get murkier and create potential tagalong liability that persists for...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

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Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

Littler

Connecticut Adopts Narrow Definition of “Supervisor” for Hostile Work Environment Claims

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The Connecticut Supreme Court recently adopted the U.S. Supreme Court's relatively narrow definition of “supervisor” for use in determining when employers are liable under the Connecticut Fair Employment Practices Act (CFEPA)...more

Epstein Becker & Green

New York City Prohibits Provisions Shortening Statutes of Limitations for Complaints and Civil Actions Related to Discrimination,...

The New York City Council recently amended Sections 8-109 and 8-502 of the New York City Administrative Code, directly affecting employment agreements. ...more

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

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It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more

Seyfarth Shaw LLP

Single Use of Racial Slur May Constitute Harassment

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Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment,...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

FordHarrison

EntertainHR: Why it’s Never a Good Idea to Overlook Workplace Drama

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If you’re a fan of the Bravo sphere, you’re probably noticing a theme in a few of the latest seasons of our favorite shows like Summer House, the Real Housewives of New Jersey, and Vanderpump Rules: conflict amongst...more

Venable LLP

Equal Employment Opportunity Commission Issues New Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finally published its updated guidance on workplace harassment, formalizing the EEOC's position regarding additional protections for employees....more

Dentons

New Iowa Court Supreme Court Ruling Covers Hostile Work Environment

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The Iowa Supreme Court filed its opinion in Tracy White v. State of Iowa and Iowa Department of Human Services on April 12, 2024. This case related to the issues of hostile work environments as raised under the Iowa Civil...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Bracewell LLP

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

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The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more

Buchalter

Navigating Workplace Inclusivity: How Employers Can Better Understand and Apply the EEOC’s Recent Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Long-Awaited Enforcement Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on harassment in the workplace. The guidance is the result of approximately seven years of effort and replaces...more

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

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The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...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

Parker Poe Adams & Bernstein LLP

Non-Consensual Touching Not Comparable to Rude Employee Behavior

After investigating allegations of sexual harassment and taking disciplinary action, we see a surprising number of claims from the accused harassers that they were actually the victims of alleged discriminatory behavior that...more

Parker Poe Adams & Bernstein LLP

DEI Training Videos Did Not Create Hostile Work Environment

Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

Seyfarth Shaw LLP

Proposed New Jersey Bill Would Lower Harassment Standard and Mandate Anti-Harassment Policy and Training

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Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report...more

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

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