Hostile Environment Discrimination

News & Analysis as of

Social Awareness Programs: Good for Business or Legal Risk?

Despite good intentions and previous success taking a stand on contentious issues — i.e., gun control and gay marriage — a coffee company quickly realized its campaign to encourage discussions of race relations between...more

Harassing Act Directed at Another Employee Enough to Revive Plaintiff's Time Barred Harassment Claims

Under Title VII, employees typically must file a charge of discrimination within 180 days (or 300 days in states such as South Carolina with their own EEO enforcement agencies) of the alleged discriminatory act. In its 2002...more

Several Ounces of Prevention: The New Jersey Supreme Court Reminds Employers of the Importance of Anti-Harassment Policies,...

On February 11, 2015, the New Jersey Supreme Court, in Aguas v. New Jersey, decided three important legal issues regarding employment discrimination claims under the New Jersey Law Against Discrimination (“LAD”). First,...more

New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49...more

Workplace Harassment Still a Major Problem Experts Tell EEOC at Meeting

EEOC Chair Announces Task Force to Develop Strategies to Prevent and Correct Harassment - WASHINGTON-Workplace harassment is alleged in approximately 30 percent of all charges filed with the U.S. Equal Employment...more

Hostile Doesn’t Mean MEAN: Understanding Employment Law

Dealing with employees also means dealing with their misconceptions about employment law. This blog entry highlights some of these misconceptions and reminds employers of the significance of employment at will....more

Another Approaching Benchslap for EEOC?

In a positively delightful “man bites dog” story, a former EEOC investigator just filed suit against the EEOC alleging race discrimination, racially hostile work environment, and retaliation in violation of Title VII and the...more

Illinois Municipality Concludes Probe on Hostile Work Environment

Blowing the whistle does not always need to involve fraud and malfeasance. Sometimes a culture of apathy allows a hostile work environment to develop that can only be addressed with outside intervention. Employees and...more

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

“Me Too” Evidence Doesn’t Cut It

In a case of first impression, Adams v. Austal, USA, LLC, No. 12-11507 (11th Cir. June 17, 2014), the Eleventh Circuit addressed whether an employee may rely on evidence of racial harassment of which he is not personally...more

Two May Be Company, But Two Racial Slurs in Two Days is Not Enough for a Hostile Work Environment Claim

Often an employer is forced to defend a lawsuit filed by an employee complaining that he or she was subjected to a hostile work environment based on slurs. Title VII of the Civil Rights Act of 1964 makes it unlawful for...more

Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held...more

New York City Council Votes to Extend New York City Human Rights Law’s Protections Against Discrimination to Interns

On Wednesday, the New York City Council voted 50-0 to extend the New York City Human Rights Law’s protections to interns. Last October, we reported on a Federal court decision dismissing an unpaid intern’s hostile work...more

Not all offensive behavior is actionable

There are a lot of good reasons for employers to want to eliminate workplace confrontations. Disputes among employees affect productivity, make for an unhappy and unprofessional work environment, and can escalate to more...more

Lessons from the National Football League in the Workplace

Regardless of whether one is a Miami Dolphins or NFL fan, the recent investigation by the NFL regarding allegations of bullying involving Jonathan Martin may tell a precautionary tale for all employers. Briefly, Martin left...more

Employment Law -- Dec 20, 2013

Despite $27,000 Jury Award, 9th Circuit Approves Almost $700,000 in Attorney’s Fees - Why it matters: Affirming the broad discretion of federal district court judges to award attorney’s fees, the Ninth U.S. Circuit...more

"Boys will be Boys" A Risky Employment Policy

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

EEOC Sues Rizza Cadillac of Tinley Park, Citing Harassment of Arab and Muslim Sales Staff

CHICAGO - Rizza Cadillac, Inc. of Tinley Park, Ill., a suburb south of Chicago, violated federal law by encouraging a work environment which was hostile and offensive to Muslim and Arab sales staff, the U.S. Equal Employment...more

At Least The Unicorn Won’t Sue You

When not writing about the legal issues raised by my favorite TV shows, most of this blogger’s Law Law Land blogs have involved either employment law or social media issues. So you can imagine my sheer delight when the news...more

EEOC Sues Memphis Foods for Sexual Harassment of 16-Year-Old Female Employee

Federal Agency Charges KFC Store Manager Discriminated Against Minor - MEMPHIS - Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and...more

EEOC Sues Cordia Senior Living for Retaliation

Federal Agency Says Westmont Senior Residence Fired Employee for Complaining About Sexual Hostile Work Environment - CHICAGO - A Westmont, Ill., senior living center violated federal law by retaliating against an...more

White Employee Lacks Title VII Race Discrimination Claim In Paula Deen Case

Although most of the media attention surrounding Jackson v. Deen has focused on Paula Deen’s admission during a deposition that she used racial slurs, the underlying case presents an interesting legal question: Can a white...more

EEOC Sues Battaglia Distributing Company for Racial Discrimination

Company Defended Racial Slurs in the Workplace as 'Locker Room Talk,' Federal Agency Charged - CHICAGO, Ill. - Battaglia Distributing Co., Inc., a Chicago wholesale food distributor located at 2500 South Ashland...more

Supreme Court Makes it Harder for Employees to Bring Suits Under Title VII

The Potential Implications for Educational Institutions - Last month, at the close of its October 2012 term, the Supreme Court issued two important rulings in Title VII employment discrimination cases that make it...more

MISO to Pay $90,500 to Settle EEOC Disability Discrimination Lawsuit

Power Grid Operator Denied Employee Reasonable Accommodation for Postpartum Depression, Federal Agency Charged - INDIANAPOLIS - Midcontinent Independent Transmission System Operator (MISO), a Carmel, Ind.-based power...more

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