Harassment Retaliation

News & Analysis as of

Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

California Supreme Court Holds That Arbitrator, Not Court, May Determine If Arbitration Agreement Permits Class Arbitration

The California Supreme Court has held that an arbitrator, rather than a court, has the power to decide whether class claims can proceed in arbitration, where the parties’ arbitration agreement is ambiguous on the question....more

Employment Law Navigator – Week in Review: August 2016

Contrary to the EEOC’s position that sexual orientation discrimination is protected by Title VII’s prohibition on gender discrimination, the Seventh Circuit Court of Appeals held last week that existing law does not support...more

Absent Express Contract, Arbitrator, Not Court, Rules On Class Arbitrability

Seyfarth Synopsis: The California Supreme Court, in Sandquist v. Lebo Automotive, deviated from rulings of most federal circuit courts to hold that the question of “who decides” whether class arbitration is available—courts...more

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

EEOC Sues Bojangles For Sex Harassment and Retaliation

Restaurant Chain Subjected Transgender Employee to Sex Harassment, Then Fired Her for Complaining, Federal Agency Charges - FAYETTEVILLE, N.C. - Bojangles Restaurants, Inc., a North Carolina corporation operating a chain...more

DHD Ventures Management Company, Inc. To Pay $40,000 to Settle EEOC Racial Harassment and Retaliation Lawsuit

New York-Based Real Estate Management Company Fired Employees In Retaliation For Complaining About Racial Harassment, Federal Agency Charges - GREENVILLE, S.C. - DHD Ventures Management Company, Inc., a New York-based...more

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

Cooling hot political buttons

During every political campaign, I am reminded of the notion that if we speak about our co-workers or subordinates in the manner in which the American voter speaks about political candidates, we should expect some remediation...more

American Casing & Equipment Will Pay $250,000 to Settle EEOC Discrimination and Retaliation Suit

Oilfield Company Fired Filipino Employee for Complaining About Race and National Origin Harassment, Federal Agency Charged - MINNEAPOLIS - American Casing & Equipment, Inc., a North Dakota oilfield service company...more

Resignation triggers clock start for filing constructive discharge claims

Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more

Significant Changes Made to California’s Anti-Discrimination and Anti-Harassment Laws

California is constructing better protections for employees and reinforcing state laws that make clear it is an employer’s affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing...more

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

Fifth Circuit Holds Third Party Witness’ Retaliation Claim Requires “Reasonable Belief” That a Title VII Violation Has Occurred

The Fifth Circuit recently held that a third party witness who was fired after providing information in response to her employer’s investigation of a coworker’s harassment allegations had to demonstrate she had a “reasonable...more

California Supreme Court Enforces Arbitration Agreement, Finding It Is Not Unconscionable

In this case, a former employee of a retail store appealed to the California Supreme Court seeking reversal of an appellate court decision which found that an arbitration agreement in her employment application was not...more

Conciliation Made Easy? The Ninth Circuit Reinstates EEOC Pattern Or Practice Action In Light Of Mach Mining

In Arizona Ex Rel. Horne v. The Geo Group, No. 13-16081 (9th Cir. Mar. 14, 2016), the U.S. Court of Appeal for the Ninth Circuit vacated the district court’s summary judgment orders and reinstated a pattern or practice action...more

Post that policy: California FEHA amended regs take effect April 1, 2016

On April 1, 2016, amended regulations under the California Fair Employment and Housing Act will take effect. Any employers with employees in California should make sure they are in compliance with the new regulations...more

Amended California FEHA Regulations (Effective April 1, 2016)

All employers with employees in California should carefully review harassment, discrimination, and retaliation policies and practices to ensure compliance with amended FEHA regulations. New Requirements for a Written...more

Promoting Workplace Diversity in Times of Trouble

The population in the United States – and by extension, the workforce – is becoming increasingly diverse. According to projections from the U.S. Census Bureau, by 2044, racial and ethnic minorities will be the majority in the...more

EEOC Files Its First Lawsuits Alleging Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (EEOC) has made it official—it will file lawsuits under Title VII based on sexual orientation discrimination. On March 1, 2016 the EEOC filed two federal lawsuits alleging that...more

New EEOC Retaliation Guidance Seeks to Further Stack the Deck Against Employers

On January 21, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) released its proposed changes to its guidance on workplace retaliation. These changes mark the first time the EEOC has modified its guidance in...more

Alleged Harassers' Intent Irrelevant to Hostile Environment Determination

Employers investigating allegations of workplace harassment sometimes receive explanations from the accused parties that they never meant to cause distress to the complaining employee. They justify their behavior as joking or...more

Rhino Energy WV Will Pay $62,500 to Settle EEOC National Origin Discrimination and Retaliation Suit

Mining Company Fired Polish-American Foreman Because He Complained About Slurs and Graffiti, Federal Agency Charged - BECKLEY, W.V. - Rhino Energy WV LLC will pay $62,500 and furnish significant relief to resolve a...more

Anti-Discrimination, Anti-Harassment, Anti-Retaliation Policies: Best Practices

Especially after New York Governor Cuomo’s expansion of the protection of women in the workplace through his Women’s Equality Agenda and his directive to the New York State Division of Human Rights to draft regulations to...more

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