News & Analysis as of

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

If Tinder Had A Corporate Compliance Training Program, CMO Might Still Be Dateable

The sudden onslaught of high profile sexual harassment and gender discrimination cases that are surfacing has me quoting a line from one of my favorite movies; “I feel like I’m taking crazy pills!”. First, American Apparel,...more

Be careful how you treat employees after a complaint of harassment is made

Recently, the Tenth Circuit Court of Appeals issued a decision in Barrett v. Salt Lake County that emphasized the importance of not retaliating against employees who engage in protected conduct. Background...more

Arbitrator may order change to hours, location of doctor who sexually-harassed hospital nurse

Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse, and under what conditions, an Ontario arbitrator has decided....more

The CIA’s Epic Failure in Protecting Employees: Culture of Accountability Begins with Mandatory Workplace Harassment Training and...

You’ve probably seen the multiple stories and blogs that were published last week on the sad state of the workplace at the CIA. I read this post on the PBS Newshour site, noting that 15 CIA employees were found to have...more

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

Charlotte Security Provider to Pay $155k to Settle EEOC Same-Sex Sexual Harassment/Retaliation Suit

Male Supervisor Subjected Male Employees to Sexual Touching and Comments, Federal Agency Charged - CHARLOTTE, N.C. - Metro Special Police & Security Services, Inc., a Charlotte-based provider of private security and...more

The Employment Law Authority - May/June 2014

In This Issue: - Immigration. New proposal aimed at attracting highly-skilled immigrants. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. J. Hamilton Stewart and Matthew...more

Important Changes Coming for Illinois Employers

Beginning January 1, 2015, Illinois state law may require Illinois employers employing one or more employees to provide "reasonable accommodations" to part-time and full-time employees, probationary employees, new employees,...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 21: From The Courts To Pop Culture —...

It is tough to determine the precise moment that sexual harassment went from something that Hollywood “did” (the ubiquitous “casting couch”) to something that Hollywood exploited as story-line. But over the five decades of...more

Sex at work: test your knowledge!

The correct answer is “NO, because the relationship is consensual, so no ‘harassment’ is involved.” People are always surprised at this answer, but the courts generally take the position that favoritism based on a consensual...more

Sexual Harassment Training and the Importance of Subtlety

“So what do you do? Where do you work?” These are questions that you’ll inevitably hear some variation of at any networking event. This week I attended the Digital Summit in Atlanta, a conference for digital marketers of all...more

EEOC Roundup

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

See No Evil, Hear No Evil: See No Defense for Third-Party Harassment?

It is rare that a distinguished federal appellate court invokes the “See No Evil, Hear No Evil” approach to deciding a case, but this is exactly what happened in a recent decision involving a North Carolina based tile and...more

Panel Discussion: Investigations and Employee Discipline

Hypothetical #1: Company provides accounting and consulting services to businesses, including some public companies. Erin (Employee) has worked for Company for 12 years and has acceptable performance reviews. She has...more

Harassment-free workplace: Potential harassers not limited to employees

Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required...more

Fourth Circuit Holds Employer Liable for Third-Party Racial and Sexual Harassment

In its first published opinion on the topic, the U.S. Court of Appeals for the Fourth Circuit ruled last month in Freeman v. Dal-Tile Corp. that an employer is liable for harassment by a third party when the employer knows or...more

Love (And Litigation) Is In The Air

June is traditionally a popular month for weddings. This June will some of your employees be celebrating the fact that they’ve found romance at the office? Love may be a wonderful thing, but in the workplace, it can put your...more

Court Holds Employer Can Be Liable For Harassing Actions Of Its Customer If It Does Not Take Reasonable Steps To Prevent The...

On April 29, 2014, the Fourth Circuit held that a plaintiff had triable sexual and racial harassment claims under Title VII regarding conduct by a customer of her former employer. During her employment, the plaintiff...more

Fourth Circuit Affirms Employers' Obligation to Respond to Harassment by Third Parties

In an unpublished decision issued in 2011, the Fourth Circuit Court of Appeals (which includes North and South Carolina) concurred with other federal appellate circuits in concluding that employers are responsible for sexual...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments: Number 3: In 1986, The Supreme Court Recognizes...

It’s hard to imagine now, but from 1964 to 1986, “sexual harassment” as it is known today did not exist. That all changed when the Supreme Court issued its landmark decision in Meritor Savings Bank v. Vinson. It was that...more

Fourth Circuit Rules that Employers Can be Liable for Third Party Harassment of Their Employees

In Freeman v. Dal-Tile Corp., 2014 WL 1678422 (4th Cir. April 29, 2014), the United States Court of Appeals for the Fourth Circuit ruled that an employer can be liable for third party harassment of its employees. The court...more

Two New Cases Demonstrate High Bar for Proving Sexual Harassment

Not all sex-related behavior in the workplace gives rise to an actionable claim for sexual harassment. In order to violate Title VII, the actions complained of must be unwelcomed, and must create a hostile and offensive...more

New York Votes to Protect Unpaid Interns from Discrimination

On March 26, 2014, the New York City Counsel voted unanimously to amend the New York City Human Rights Law (the “NYCHRL”) to allow unpaid interns to sue for harassment and discrimination. The bill was likely drafted in...more

Policing the workplace: Are you my supervisor?

A recent Tenth Circuit Court of Appeals case involving the rape of an employee by her superior clarifies the Tenth Circuit’s case law on when an individual is considered a “supervisor,” and also provides a cautionary tale for...more

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