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Hiring & Firing Retaliation Sexual Harassment

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -

Part 1 of 2: My Sit-Down Interview With Former EEOC General Counsel David Lopez

by Cozen O'Connor on

Michael Schmidt, Vice Chair of Cozen O’Connor’s Labor & Employment Department, discusses current employment law news, trends, developments and guest analysis. This episode presents the first of two parts of a timely and...more

Fourth Circuit Holds Complaining Employee is not Protected From Termination if the Employer Terminates Her Because It Believed Her...

A recent Fourth Circuit ruling in a case handled by Mintz Levin provides some comfort to employers concerned about terminating an employee who they believe has made a false complaint of discrimination. In Villa v. CaveMezze...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

Medical Residents and Title IX - What Teaching Hospitals Need to Know

by Baker Ober Health Law on

Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private...more

“You’re Fired” Is Not A Good Response To A Report Of Harassment

by Fox Rothschild LLP on

This is not a post about any of the activities of the Trump Administration even though the headline uses his catch phrase. We are taking a break from our multi-part series of commenting on the investigation of Trump’s ties...more

Better 4 You Breakfast Settles EEOC Lawsuit for Retaliatory Discrimination

School Meals Provider Will Pay $62,500 to Settle Retaliation Claims and Provide Training to Employees on Retaliation - PHOENIX - A Commerce, Calif.-based company that provides prepared meals to schools has agreed to...more

ABL Management to Pay $35,000 to Settle Retaliation Lawsuit with EEOC

Company Fired Panama City Employee After He Reported Male Supervisor Sexually Harassed Him, Federal Agency Charged - BIRMINGHAM, Ala. - ABL Management, Inc., a Baton Rouge, La.-based food management company, will pay...more

Rite Way to Settle EEOC Retaliation Suit

Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation - GULFPORT, Miss. - Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

by Proskauer Rose LLP on

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

EEOC Sues Discovering Hidden Hawaii Tours for Male-on-Male Sexual Harassment

Company PresidentSexually Harassed Male Employees for More Than a Decade, Federal Agency Charges - HONOLULU, Hawaii - Three related Hawaii tour companies -- Discovering Hidden Hawaii Tours, Inc., Hawaii Tours and...more

Professor Terminated For Relationship With Admitted Student Allowed to Move Forward With Title IX Retaliation Claim

by Bowditch & Dewey on

A former non-tenured professor at the University of North Texas has filed suit claiming that he was fired in retaliation for his participation, as the accused, in a campus investigation of a graduate student’s sexual...more

An Employer’s Horror Story For Friday The 13th: Retaliation Claim Survives 13-Year Gap

by Fisher Phillips on

January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned...more

EEOC Sues Plastipak Packaging For Sexual Harassment and Retaliation

Plastics Manufacturing Company Fired Materials Handler Because She Complained About Harassment, Federal Agency Charges - BALTIMORE - Plastipak Packaging, Inc. violated federal law when it fired a materials handler in...more

Watch Out for the Cat’s Paw - Employers May Be Accountable for Low-Level Employee Actions

by Foley & Lardner LLP on

In the world of employment law, there is something called the “Cat’s Paw” theory of liability. The name comes from a fable dating back to the 17th century in which a clever monkey persuades a naïve cat to pull roasting...more

Cat’s Paw Making New Tracks: Second Circuit Extends Cat’s Paw Principle to Retaliation Claims and to Low-Level Employees

The “cat’s paw” doctrine, a concept first coined by Seventh Circuit Judge Richard Posner in 1990 and adopted by the Supreme Court in 2011, applies when an employee is subjected to an adverse employment action by a decision...more

Don’t Be A Cat’s-Paw

Most sexual harassment policies include a procedure to investigate complaints, often specifying that the investigation will be timely and thorough, and may include interviews with the employees involved, witnesses, and anyone...more

Employers Beware of the Cat's Paw

by Baker Donelson on

The cat scratches again! Five years ago, the United States Supreme Court handed down Staub v. Proctor Hospital, wherein it held that an employer may be liable for a supervisor's discriminatory animus when the independent...more

Ambulance Service Liable for Sexting Monkey?

by Faegre Baker Daniels on

An ambulance service may be liable for damages arising from sexting by a monkey it employed, the Second Circuit ruled on August 29. Actually, the monkey was a man, but the court sided with a female employee who sued the...more

The Cat Is Out of the Bag: Second Circuit Rules Cat’s Paw Theory Applies to Nonmanagerial Coworkers

Rarely has the maxim “hard cases make bad law” found greater application than in the Second Circuit Court of Appeals’ recent decision to expand the “cat’s paw” doctrine adopted by the Supreme Court of the United States in...more

About that new “cat’s paw” decision . . .

Employers should beware of being too quick to believe an employee who accuses a co-worker of wrongdoing. If the accuser has an illegal motive (such as discrimination or retaliation), and if the employer is “negligent” in...more

Second Circuit Reverses Dismissal Of Retaliation Claim Citing Cat’s Paw Liability

by Cole Schotz on

The Second Circuit recently invoked a 17th century fable in reviving an employee’s retaliation claim against her employer even where the employer had no retaliatory intent. In Vasquez v. Empress Ambulance Service, SDNY,...more

Federal Judge Awards $1,470,000 in EEOC Sexual Harassment and Retaliation Case Against Z Foods

Workers Who Were Sexually Harassed and Fired for Complaining Vindicated in Court's Ruling - FRESNO, Calif. - A federal judge has ordered Z Foods, Inc., once one of the largest dried fruit processors in the United States,...more

Quirky Question #284: If a tree falls in the forest and no one hears it, can you still unlawfully retaliate against it?

by Dorsey & Whitney LLP on

Question: One of our male supervisors wants to fire a female employee who complained that he was sexually harassing her. The harassment allegations appear to have some substance: he asked her for pictures of herself in a...more

Headline news: Policies, procedures essential tools in fight against sexual harassment

by FordHarrison on

Last week, former Fox News Anchor Gretchen Carlson slapped Fox News Chairman and CEO Roger Ailes with a wrongful termination and sexual harassment lawsuit in New Jersey Superior Court. The lawsuit alleges that Ailes made...more

Refusal to Allow Employee to Rescind Resignation May Violate Title VII

In general, once an employee tenders his or her notice of resignation, the employer is under no legal obligation to rescind acceptance of the notice. Last month, the Fifth Circuit Court of Appeals cast doubt on this rule by...more

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