News & Analysis as of

Hostile Environment Retaliation

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

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

FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA

by Rumberger Kirk & Caldwell on

In an en banc decision by the Fourth District Court of Appeal in Palm Beach Cty. Sch. Bd. v. Wright, Case No. 4D16–112, WL 1278072 (Fla. 4th DCA Apr. 5, 2017), the court adopted a new standard on causation for Florida Civil...more

Court Uses Novel Issue Certification Device To Sidestep Individualized Issues Otherwise Precluding Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A group of female truck drivers sued their employer for policies allegedly resulting in a hostile work environment for and retaliation against women who complained of sexual harassment on the job. Under...more

Medical Resident: Student, Employee, or Both? Third Circuit Finds Hospital Residency Program May Be Subject to Title IX

In a recent case of first impression, the Third Circuit found that a private teaching hospital’s residency program was an “education program or activity” for purposes of a discrimination claim asserted under Title IX of the...more

Third Circuit Finds Title IX Provides a Remedy for Sex Discrimination in Fully Funded Educational Institutions

The Third Circuit Court of Appeals has again created a circuit split by disagreeing with decisions from the Fifth and Seventh Circuit Courts of Appeals, which have held that Title VII of the Civil Rights Act of 1964 provides...more

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

by Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Medical Residents Can Sue Under Title IX, Third Circuit Holds

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Third Circuit recently revived a medical resident's harassment and retaliation claims against Mercy Catholic Medical Center, finding that the hospital is subject to Title IX. The Third...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Employee’s Retaliation and Hostile Work Environment Claims Based on a Rumor Spread in the Workplace Survives Motion for Summary...

by Jackson Lewis P.C. on

In Baez v. Anne Fontaine USA, Inc., the United States District Court for the Southern District of New York denied an employer’s motion for summary judgment to dismiss a terminated employee’s retaliation claims under Title...more

Employment Discrimination: Hostile Work Environments, Disparate Treatment and Retaliation

by Low, Ball & Lynch on

Hostile work environments require both prompt and effective responses from employers. Efrain Reynaga v. Roseburg Forest Products - Court of Appeals, Ninth Circuit (January 26, 2017) - Courts have long...more

“5th & Wine” Bar Sued By EEOC For Sex-Based Harassment and Retaliation

Scottsdale Wine Café Abused Employees Based on Their Actual and Perceived Sexual Orientation, Federal Agency Charges - PHOENIX - Scottsdale Wine Café, LLC (5th & Wine), a Scottsdale wine bar and restaurant, violated...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more

Justice Department Seeks to Intervene in Lawsuit Alleging Race Discrimination and Retaliation by Pocomoke City, Maryland, the...

WASHINGTON - The Justice Department announced today that it has moved to intervene in Savage et al. v. Pocomoke City et al., a private lawsuit alleging race discrimination and retaliation under Title VII of the Civil Rights...more

New Jersey Court Ruling Raises Price Of Employment Discrimination

by Fisher Phillips on

Supreme Court Decision Impacts Potential Emotional Distress Damages - On September 19, 2016, the New Jersey Supreme Court upheld a jury’s award of $1.4 million in emotional distress damages to two Hispanic brothers who...more

Mayflower Seafood of Goldsboro Agrees To Pay $81,500 To Settle EEOC Sexual Harassment Lawsuit

Server/Cashier at Restaurant Subjected to Sexual Harassment and Then Retaliation for Complaining About It, Federal Agency Charged - RALEIGH, N.C. - A Goldsboro, N.C., seafood restaurant will pay $81,500 and furnish other...more

Security Firm To Pay $115,000 To Settle EEOC Retaliation Suit

Guardsmark Fired Security Guard Working at Michigan Client Location For Opposing Sexual Harassment, Federal Agency Charges - DETROIT - Security giant Guardsmark has agreed to pay $115,000 and to provide other relief to...more

Sweet Justice! Dismissal of Bully's FMLA Claim Proves Employers Can Safely Terminate an Employee on the Heels of FMLA Leave

by Franczek Radelet P.C. on

I hate bullies. Back in 4th grade, Sister Mary Demetria, OSF, told us that “hating” someone was a sin. I’m convinced Sister never met a bully. Forgive me, Father, for I have sinned. Cause, you see, whenever I...more

Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

Court rules unauthorized absence justifies firing

by McAfee & Taft on

The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more

DHD Ventures Management Company, Inc. To Pay $40,000 to Settle EEOC Racial Harassment and Retaliation Lawsuit

New York-Based Real Estate Management Company Fired Employees In Retaliation For Complaining About Racial Harassment, Federal Agency Charges - GREENVILLE, S.C. - DHD Ventures Management Company, Inc., a New York-based...more

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

by 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

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

Resignation triggers clock start for filing constructive discharge claims

by 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

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