Hostile Environment Sexual Harassment

News & Analysis as of

“Lighten Up, Baby,” And Other Harassment “Best Practices” For Employers

Many employers ask me: “Robin, what are your ‘best practices’ for workplace sexual harassment?” I’m glad you asked! No. 1: Be sure that your policy on sexual harassment is boring and legalistic. The entire legal...more

Office Love Affairs: How to Prevent Scandal

Are things starting to get a little steamy around the office? Perhaps two employees have started to take long glances at each other from across the conference room, text each other like crazy, or maybe they have been known to...more

Ontario’s Sexual Harassment Protections Passed

Ontario’s Sexual Violence and Harassment Action Plan Act was passed and received Royal Assent on March 8, 2016. The Act will go into effect in six months on September 8, 2016. The Act creates new duties for employers to...more

FYC International to Pay $80,000 to Settle EEOC Sexual Harassment Suit

Top Warehouse Manager Abused Women and Promoted a Culture Condoning Such Misconduct, Federal Agency Charged - NEW HAVEN, Conn. - FYC International Inc., a manufacturer and wholesaler of women's and children's clothing...more

Bill 132 Update: Ontario’s Sexual Violence and Harassment Legislation to Become Law September 8, 2016

In a previous post, we reported on Ontario’s new sexual violence and harassment legislation, Bill 132, An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related...more

Repeated Touching Enough to Justify Same-Sex Harassment Verdict

Plaintiffs seeking compensation for sexual harassment must demonstrate that they were subjected to a hostile and offensive working environment. Plaintiffs in same-sex harassment claims have the additional burden of proving...more

Memphis Cheddar’s Settles EEOC Sexual Harassment Lawsuit for $450,000

Male Managers at Memphis Restaurant Sexually Harassed a Class of Female Employees, Federal Agency Charged - MEMPHIS - Mint Julep Restaurant Operations, LLC, an independent restaurant company and franchisee of the casual...more

Helpful Policies To Address Office Romances This Valentine’s Day

They say that “love is in the air” around Valentine’s Day, but companies should avoid breathing it in too deeply. Because office romances are prevalent, employers should take proactive steps to reduce the liability of such...more

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

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