Hostile Environment Sexual Harassment

News & Analysis as of

Missouri Appellate Court Upholds Disproportionate Punitive Award Against One Defendant, While Tossing Punitive Award Against...

As we noted in a post earlier this year, the Missouri courts seem to produce more than their fair share of opinions on punitive damages issues. About a year ago we wrote a post addressing the errors in the Missouri Supreme...more

Federal Courts Concludes Employee Has No Sexual Harassment Claim Regardless of Flashing Incident

Joselyn Davenport, a female employee of Kelly Services, Inc. (“Kelly Services”), was assigned to work as a production associate at a manufacturing plant owned and operated by Nissan North America (“Nissan”), located in Canton...more

Employment Matters Newsletter, Fall 2015

With Experimental Benefits Come Additional Legal Considerations - Corporate experimentation, combined with innovative employment practices designed to promote more flexible work environments, may be transformative. These...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Religious Institutions: October 2015

Timely Topics - A non-compete clause, covenant not to compete or restrictive covenant is a contract provision under which one party agrees not to enter into or start a similar profession, trade or business in competition...more

Top 10 Workplace Investigation Mistakes: Part I

Resolving conflict in the workplace is a key issue for employers. Legal requirements have continued to expand in terms of what courts expect employers to do in order to prevent and correct wrongful behavior. In response,...more

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

EEOC Files Suit Against McWhite Funeral Home for Sexual Harassment and Retaliation

Owner Subjected Female Employees to Unwanted Touching, Overtures and Retaliated Against Women Who Did Not Acquiesce, Federal Agency Charges - MIAMI - A Fort Lauderdale, Fla., funeral home violated federal law by...more

New Jersey’s Law Against Discrimination Does Not Go So Far As To Protect “Weight, Appearance, or Sex Appeal”

The New Jersey Appellate Division recently affirmed summary judgment for the defense on several claims in the widely-followed “Borgata Babes” case, reining in the plaintiffs’ attempt to expand the New Jersey Law Against...more

VXI Global Solutions To Pay $600,000 For Sexual Harassment Of Call Center Staff

EEOC Settlement Resolves Claims for African American and Latino Employees Who Were Targets of Constant Sexual Propositions, Graphic Pictures, & Foul Language - LOS ANGELES - VXI Global Solutions, a provider of call...more

EEOC Wins Jury Verdict of over $17 Million for Victims of Sexual Harassment and Retaliation at Moreno Farms

Florida Farm Managers Subjected Women Workers to Coerced Sex, Groping and Verbal Abuse, Then Fired Them for Objecting, Federal Agency Charged - MIAMI -- A federal jury has returned a unanimous verdict awarding a total of...more

The Full Monty is Still Full-on Sexual Harassment—The Tenth Circuit Gets It Right

From the “You’d Think This Would Be Obvious” file in August, the Tenth Circuit reversed a district court’s granting of summary judgment in favor of an employer in a case in which a male employee allegedly exposed his genitals...more

Supervisor Told Employee Patient Abuse 'Comes with the Territory'

An employee responsible for drawing blood from nursing home patients was racially and sexually harassed by one of the patients. When she complained, her supervisor told her that “it comes with the territory” and “you just...more

Reminder: California Employers Must Provide Updated Management Training on Workplace Bullying

With most of 2015 already passed, California employers should ensure compliance with new sexual harassment prevention training requirements, which now include "abusive conduct" as a mandated topic of discussion....more

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

Hostile Work Environment: Playing Defense to Offensive Workplace Conduct

A hostile environment can result from the unwelcome conduct of supervisors, co-workers, customers, contractors or anyone else with whom the victim interacts on the job when the unwelcome conduct renders the workplace...more

No Specific Statute Cited in a Pleading? No Problem, Says the Court

It is commonly understood that Connecticut is mainly a “fact-pleading” state when it comes to the court system. What does that mean? Well, Norm Pattis, in a 2013 Law Tribune column, described the significance in calling...more

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

California Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations

Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho...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

Labor and Employment — The TMZ of Law

We employment lawyer types proudly boast that no one has better legal stories to tell than we do (if only we could tell all of our stories). Some of our best stories were thrust into the media during the first quarter of...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

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

New Jersey high court decision will reshape employer liability in sexual harassment cases

On February 11, 2015, the New Jersey Supreme Court issued a significant sexual harassment decision that offers something positive for both employers and employees. Employers will be happy that the Court has, after...more

NJ Supreme Court Rules on Supervisor Liability in Hostile Work Environment Sexual Harassment Cases

On February 11, the New Jersey Supreme Court issued its decision in Aguas v. New Jersey, No. A-35-13 (072467), holding that an employer’s antidiscrimination policy can be an affirmative defense to sexual harassment hostile...more

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