News & Analysis as of

Hostile Environment Constructive Discharge

Constangy, Brooks, Smith & Prophete, LLP

Luck may have been the residue of design in jeweler’s age discrimination win

Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...more

Tucker Arensberg, P.C.

Federal Court Rules That Plaintiff’s Claims of Sex Discrimination Against a School District Were Sufficiently Pled

Tucker Arensberg, P.C. on

Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Minnesota Supreme Court Clarifies State Law Standards for ‘Severe or Pervasive’ Harassment and Constructive Discharge

On February 8, 2023, the Minnesota Supreme Court issued its first significant decision interpreting the state’s employment discrimination law, the Minnesota Human Rights Act (MHRA), in three years. In a ruling that will...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Domino’s Franchise for Racial Harassment, Constructive Discharge

Black Employees at Domino’s Pizza in Olean, N.Y. Subjected to Racial Slurs, Intimidation and Physical Threats, Federal Agency Charges - BUFFALO, N.Y. – Parris Pizza Company, LLC, a Domino’s Pizza franchise in Olean, New...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Racial Slur From Owner's Six-Year-Old Son is Evidence of Offensive Working Environment

​​​​​​​Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more

Genova Burns LLC

Employer Documentation Saves the Day & Earns Dismissal of Age Bias Lawsuit

Genova Burns LLC on

On April 4, 2022, in the matter of Jane Rocks, et al. v. PNC Investments LLC, et al., a three-judge Appellate Panel affirmed the Superior Court’s grant of summary judgment in favor of PNC Investments LLC and dismissing the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Chipotle for Sexual Harassment, Constructive Discharge

Supervisors Repeatedly Ignored Young Workers’ Reports of Sexual Harassment, Federal Agency Charges - SEATTLE — Fast food chain Chipotle Services LLC and Chipotle Mexican Grill Inc., violated federal law by subjecting young...more

U.S. Equal Employment Opportunity Commission...

Chief Orchards Sued by EEOC for Sexual Harassment, Constructive Discharge

Supervisors Repeatedly Ignored Farmworker’s Reports of Sexual Harassment, Federal Agency Charges - SEATTLE —Chief Orchards, a tree fruit business based in Yakima, Washington, violated federal law by allowing a Latina...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues T.M.F Mooresville for Racial Harassment and Constructive Discharge at Hampton Inn

Employer Allowed Black Housekeeper to Racially Harass White Coworkers, Federal Agency Charges - MOORESVILLE, N.C. – T.M.F. Mooresville, LLC, operating as Hampton Inn & Suites in Mooresville, North Carolina, subjected white...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Court Rules Jones Act Claim for Mental Injury Can Proceed in Light of Noose in Maritime Workplace

Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more

U.S. Equal Employment Opportunity Commission...

EEOC and Pei Wei Fresh Kitchen Settle Sexual Harassment Lawsuit for $300,000

Restaurant Tolerated a Sexually Hostile Work Environment, Federal Agency Charged - LITTLE ROCK, Ark. - Pei Wei Asian Diner, LLC, doing business as Pei Wei Fresh Kitchen in Little Rock, will pay $300,000 to former...more

Genova Burns LLC

“What Goes Around, Comes Around” – A Potential Defense to Hostile Work Environment Claims Under the NJ LAD

Genova Burns LLC on

On November 7, 2019, the U.S. District Court for the District of New Jersey in Paige v. Atrion Communication Resources, Inc., et al., considered a hostile work environment/sexual harassment claim under the New Jersey Law...more

U.S. Equal Employment Opportunity Commission...

Caribbean Farmers Market to Pay $25,000 to Settle EEOC Sexual Harassment and Constructive Discharge Lawsuit

Company Failed to Stop a Male Manager's Harassment of Female Employee, Federal Agency Charges - ATLANTA - Caribbean Farmers Market, a Decatur, Ga, supermarket, will pay $25,000 and provide other significant relief to...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Two Race Discrimination Claims Failed to Allege Sufficiently Hostile Work Conditions

In recent years, the Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) has lowered the bar for plaintiffs to take racial harassment claims to a jury trial when the alleged conduct involved use...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Lancaster’s BBG& Wings for Racial Harassment And Constructive Discharge

Black Employee Had to Quit Due to Racial Slurs and Harassment, Federal Agency Charges - STATESVILLE, N.C. - Joe's Old Fashioned Bar-B-Que, Inc., doing business as Lancaster's BBQ & Wings, a North Carolina corporation,...more

Genova Burns LLC

#MeToo Movement Insufficient to Revive Dismissed Case

Genova Burns LLC on

The U.S. District Court for the District of New Jersey denied an employee’s request to reopen her case based on alleged changed attitudes “post-Weinstein.” The Court also denied the employer’s request for sanctions but...more

U.S. Equal Employment Opportunity Commission...

Arizona Discount Movers Sued by EEOC For Racial Harassment, Constructive Discharge

Black Employee Subjected to Racist Language and Images, Federal Agency Charges - PHOENIX - Arizona Discount Movers of Phoenix violated federal law by subjecting an African-American employee to racial harassment and...more

Mintz - Sports Entertainment Viewpoints

Ineligible Coach On The Field – Assessing Whether Restrictions Are Enforceable In Contracts

With the start of college football season around the corner, attention turns to off-season shake ups in coaching staffs. One controversial change involved defensive coordinator Robert H. Shoop. Shoop traded in his blue and...more

Foley & Lardner LLP

Expanding the Timer: Supreme Court Gives Employees More Time to File Claims

Foley & Lardner LLP on

They say that timing is everything — or at least now it is for so-called “constructive discharge” claims. Last month, the United States Supreme Court, in a 7-1 decision, solidified the rule that the time within which an...more

Hinshaw & Culbertson LLP

SCOTUS Aligns Application of Statute of Limitations in Constructive Discharge and Actual Discharge Cases

The U.S. Supreme Court held in Green v. Brennan that the statute of limitations for a constructive discharge begins to run on the date of resignation, not the date of the employer’s last discriminatory act, resolving a...more

McAfee & Taft

Resignation triggers clock start for filing constructive discharge claims

McAfee & Taft on

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

Foley & Lardner LLP

Hostile Work Environments and Sexual Orientation: EEOC Files First Federal Suits

Foley & Lardner LLP on

Normally in this space we write about court decisions that have already occurred and are likely to impact employers. This week, we focus on cases that have just been filed and could have far reaching implications. In a...more

Bradley Arant Boult Cummings LLP

Think Fast: HR’s Prompt Investigation Key Factor in Sexual Harassment Case Win for Employer

A recent ruling from a Tennessee appeals court reinforces that a prompt and reasonable investigation can help save an employer from liability in response to sexual harassment charges....more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide