News & Analysis as of

Hostile Environment

Single Racial Slur May Be Sufficient to Establish Workplace Harassment

by Blank Rome LLP on

Action Item: The Third Circuit Court of Appeals recently held that a single isolated use of a racial slur may be sufficient to establish unlawful workplace harassment. Background and Analysis: On July 14, 2017, a...more

Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

by Tucker Arensberg, P.C. on

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an...more

Workplace Harassment 101

by Conn Maciel Carey LLP on

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more

Third Circuit Reminds Employers That an Isolated Act of Harassment Can Land Them in Hot Water

by Saul Ewing LLP on

In a decision issued July 14, 2017, the Third Circuit clarified that to prevail on workplace harassment claims, plaintiffs must show that the conduct was “severe or pervasive”—not “severe and pervasive” or “pervasive and...more

Third Circuit: Isolated Act of Discrimination Can Create Hostile Work Environment

As employment lawyers, we frequently encounter misconceptions about what qualifies as a “hostile work environment.” It has nothing to do with whether a supervisor or co-worker is simply picking on or being mean to an employee...more

Third Circuit Holds that A Single Word Can Lead to Liability for Hostile Work Environment

Most employers take proactive steps to prevent and eliminate workplace harassment. Until recently, courts recognized and rewarded the proactive approach. Businesses in Pennsylvania, New Jersey and Delaware could avoid...more

3d Circuit Clarifies Standard in Workplace Harassment Cases

In a decision issued last week, the U.S. Court of Appeals for the Third Circuit clarified that a single comment may give rise to a claim of workplace harassment. In its decision, issued in Castleberry v. STI Group, the court...more

Antonella’s Restaurant & Pizzeria to Pay $50,000 to Settle EEOC National Origin Discrimination Suit

Dutchess Co. Pizzerias Subjected Hispanic Employees to a Hostile Work Environment Because of Their National Origin, Federal Agency Charged - NEW YORK - A small group of pizzeria restaurants based in Wappinger Falls and...more

Just When You Thought It Was Safe To Use Your Company Computer*

by Farrell Fritz, P.C. on

In Miller v. Zara USA Inc., (2017 N.Y. Slip Op. 04407, 1st Department June 6th, 2017), the First Department held that where, as here, a company’s written employment guidelines clearly provide that employees have no reasonable...more

Stemilt Growers and Ag Services Sued By EEEOC For Sexual Harassment, Retaliation

Federal Agency Alleges Latina Tractor Driver Demoted After Refusing Supervisor's Sexual Advances - SEATTLE -The largest grower of organic tree fruit in the United States, Stemilt Growers, and its integrated business,...more

Derogatory... racist, or simply a racial descriptor?

by Hogan Lovells on

In a previous edition of our newsletter, we featured the very important Constitutional Court judgment in SARS v Kruger & Others where the court upheld the dismissal of Mr Kruger as being fair where he referred to his superior...more

Is Crying At Work Sufficient Notice Of An FMLA Covered Condition?

by Jackson Lewis P.C. on

It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action...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

6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So...

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more

Anti-Muslim Rhetoric in the Workplace: An Employer’s Guide to Risks & Prevention

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Anti-Muslim rhetoric dominates many media headlines. A May 9, 2017 decision by the U.S. Court of Appeals for the Second Circuit highlights the risks to an employer when anti-Muslim rhetoric enters the...more

EEOC Charge Does Not Need to Specify Quid Pro Quo Sexual Harassment

For years, the Equal Employment Opportunity Commission (EEOC) divided sexual harassment claims into two distinct categories. Hostile environment harassment related to creation of an offensive work environment based on sexual...more

The “Knife’s Edge”: Second Circuit Dulls the Standard of Proof Needed for a Hostile Work Environment

by Kelley Drye & Warren LLP on

The Second Circuit recently reversed a district court’s dismissal of a hostile work environment claim brought by a Muslim plaintiff. In-house counsel and human resources executives should take heed of this decision, which...more

What Makes a Work Environment “Hostile”?

by Zuckerman Spaeder LLP on

Federal employment law protects against a number of different types of discrimination, including treating employees differently because of age, gender, or race. ...more

Labor and Employment Group News: A Single Racist Comment Can Create a Hostile Work Environment

by Murtha Cullina on

On April 25th, the United States Court of Appeals for the Second Circuit, which covers New York, Connecticut and Vermont, clarified that a single incident can suffice to state a claim for a discriminatory hostile work...more

El Chaparro to Pay $20,000 to Settle EEOC Sexual Harassment Suit

Owner Abused Four Servers at Greensboro Tex-Mex Restaurant, Federal Agency Charges - ATLANTA - El Chaparro, Inc., a Tex-Mex restaurant in Covington, Ga., will pay $20,000 to settle a sexual harassment lawsuit brought by...more

EEOC Sues Keller Paving and Landscaping for Sexual Harassment

Female Truck Driver Forced to Quit Job at North Dakota Company Because of Physical and Verbal Sexual Abuse, Federal Agency Charges - MINNEAPOLIS - A North Dakota civil construction company operating in Minot, N.D....more

One Racial Slur Constitutes Harassment?

by Ruder Ware on

A recent decision from the Second Circuit Court of Appeals in New York has again opened the door to questions about hostile work environment and racial harassment. The particular question addressed in this court decision was...more

Supervisor’s Personal Liability for Harassment

A recent case filed in the Waterbury superior court, Denault v. Community Mental Health Affiliates, et al, alleging an unfortunately familiar pattern of sexual harassment in violation of the Connecticut Fair Employment...more

EEOC Sues Applebee's Grill and Bar for Sexual Harassment

Assistant Manager at North Myrtle Beach Location Subjected Two Sisters to Sexual Comments and Touching, Federal Agency Charges - FLORENCE, S.C. - Green Apple, LLC, dba Applebee's Grill and Bar, violated federal law when...more

Citing Statistics, Yankee Institute Critical of CHRO - Again

by Shipman & Goodwin LLP on

This week, the Yankee Institute for Public Policy, a self-described “free market” think tank, issued an article suggesting that Connecticut had nearly the same number of discrimination complaints as our neighboring state,...more

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