News & Analysis as of

Hostile Environment Workplace Harassment Guidance

Mintz - Employment Viewpoints

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Three Employers for Workplace Harassment

Federal Agency Alleges Two Restaurants and an Airline Allowed Hostile Work Environments to Fester - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed a trio of lawsuits alleging that discriminatory...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

Saul Ewing LLP on

On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Cozen O'Connor

#NoFilter: Outside-of-Work Social Media Posts Can Create a Hostile Work Environment

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

Constangy, Brooks, Smith & Prophete, LLP

Five lessons plus four in social media and workplace harassment

The following may be a true story. The events depicted allegedly took place in Lompoc, California, in 2020. Out of deference to the judges involved, their names have not been used. Out of respect for the victim, her story...more

Whiteford

Employment Law Update: Ninth Circuit Ruling Reminds Employers They May be Held Liable for Social Media Harassment

Whiteford on

The U.S. Court of Appeals for the Ninth Circuit recently ruled, in Okonowsky v. Garland, No. 23-55404, that an employer may be held liable for a Title VII hostile work environment claim based on harassing content posted on an...more

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Impact on a Term, Condition, or Privilege of Employment

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more

Parker Poe Adams & Bernstein LLP

EEOC Issues Long-Awaited Enforcement Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on harassment in the workplace. The guidance is the result of approximately seven years of effort and replaces...more

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

Bricker Graydon LLP on

The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...more

Fox Rothschild LLP

The EEOC’s Enforcement Guidance on Harassment in the Workplace: What Employers Need to Know

Fox Rothschild LLP on

The EEOC recently released its final Enforcement Guidance on Harassment in the Workplace, replacing earlier guidance issued between 1987 and 1999. The guidance, issued on April 29, 2024, reflects how the EEOC’s...more

Bowditch & Dewey

MCAD Announces Draft of Updated Harassment Guidelines and Seeks Public Comment

Bowditch & Dewey on

On January 25, 2024, the Massachusetts Commission Against Discrimination (MCAD – see Note 1) announced new draft guidelines titled “Guidelines on Harassment in the Workplace” (the “Draft Guidelines”). The Draft Guidelines are...more

Pullman & Comley - Labor, Employment and...

Connecticut Restaurant Guidebook 2023 Edition Preview: Part Two CT SEXUAL HARASSMENT 101

This post is part of a series of articles previewing the unique types of information and guidance contained in the Pullman Comley Hospitality Team’s “Connecticut Restaurant Guidebook 2023 Edition.” Available to members of the...more

Cole Schotz

EEOC Publishes Proposed Guidance on Workplace Harassment

Cole Schotz on

On October 2, 2023, the United States Equal Employment Opportunity Commission (“EEOC”) issued its long-awaited proposed guidance regarding harassment in the workplace (the “Guidance”). In January 2017, the EEOC published...more

Bracewell LLP

EEOC Releases Proposed Workplace Harassment Guidance – 25 Years in the Making

Bracewell LLP on

On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment. The last EEOC guidance on workplace harassment was issued in 1999. The public will...more

Epstein Becker & Green

The Role of Bystander Intervention in Preventing Workplace Harassment

Epstein Becker & Green on

Organizations that successfully create an inclusive and positive culture understand that all of its people have an important role to play in maintaining a harassment-free workplace. Any incident of harassment can affect more...more

Fenwick & West LLP

[Webinar] Strategies and Tools to Interrupt Harmful Bias - January 10th, 1:00 pm PT

Fenwick & West LLP on

This session will focus on how to interrupt biases that can have harmful or unintended disparate impacts in everyday life and in the workplace. Elimination of Bias, while a catchy and often used title, is not possible. No...more

Bodman

Sixth Circuit Decision Provides Guidance on Properly Managing Workplace Harassment and Discrimination Complaints

Bodman on

A recent Sixth Circuit reported decision provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act....more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Gender Identity Discrimination

By virtue of the U.S. Supreme Court’s 2020 opinion in Bostock v. Clayton County, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or transgender status. On June 15,...more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

Cozen O'Connor on

Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

Seyfarth Shaw LLP

Not Just Sticks and Stones: When Should Employers Step In?

Seyfarth Shaw LLP on

Seyfarth Synopsis: Private employers can face competing obligations when it comes to responding to employees’ expressive conduct. Employee rights may collide with employer obligations to maintain a safe and harassment-free...more

Conn Maciel Carey LLP

Workplace Harassment 101

Conn Maciel Carey LLP on

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more

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