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Internal Investigations Hostile Environment

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Littler

Dear Littler: How should we handle anonymous complaints?

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Dear Littler, I’m the CEO of a fast-growing company. A team of sales executives reports to me and each has a large team of sales employees that reports to them. Last week someone anonymously emailed HR complaining about...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Board Rules on Adverse Employment Actions in Discrimination Cases

Nuclear Regulatory Commission’s Atomic Safety and Licensing Board finds that investigating an employee’s discrimination complaint does not, in itself, constitute a violation under the NRC’s employee protection regulations. ...more

Obermayer Rebmann Maxwell & Hippel LLP

Key Takeaways for Employers from the $137 Million Race Harassment Verdict Against Tesla

On October 4, 2021, a federal jury in California awarded $136.9 million to a Black former Tesla subcontractor, Owen Diaz, after finding that Tesla subjected him to a racially hostile work environment. The jury awarded Diaz...more

Parker Poe Adams & Bernstein LLP

Tesla Hit With $137 Million Jury Verdict for Racially Charged Workplace

On October 4, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. At trial, the plaintiff testified that he was repeatedly called the N-word while at work, regularly heard racial...more

Akerman LLP - HR Defense

Reminder: Promptly Investigate Harassment Complaints

Even though the COVID-19 pandemic and its impact on the workplace has dominated the headlines recently, employers should be careful not to delay investigating non-pandemic-related complaints—particularly those of harassment. ...more

CDF Labor Law LLP

Top Takeaways for Employers from the Andrew Cuomo Investigation Report

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Nearly six months after the New York Attorney General announced the commencement of an independent investigation of allegations of sexual harassment against Governor Andrew Cuomo, a bombshell, 168-page investigation report...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Says Employer Must Have Reasonable Opportunity to Investigate Harassment Complaint

Under Title VII, an employer may be liable for sexual harassment by one co-worker of another if it knew or should have known of the conduct and took no action. According to a recent decision from the Eighth Circuit Court of...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Governor Murphy Proposes Numerous Changes to the New Jersey Law Against Discrimination

On February 18, 2020, Governor Phil Murphy proposed a host of legislative changes to the New Jersey Law Against Discrimination (NJLAD) (N.J.S.A. 10:5-1, et seq.). According to the governor, the changes aim “to clarify legal...more

Cozen O'Connor

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

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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

Thomas Fox - Compliance Evangelist

Astros Win on the Field – Not So Much in the Front Office

If you are a woman and work for the Astros, what do you think will be the internal action if you are harassed? Do you think for one nano-second your complaint would be taken seriously? Would the Astros attack/retaliate...more

Seyfarth Shaw LLP

You’ve Got An Internal Sexual Harassment Complaint: Now What?

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Seyfarth Synopsis: It is important for companies to investigate internal sexual harassment complaints and take prompt, appropriate corrective action. This post provides a six-step roadmap of best practices for handling sexual...more

Seyfarth Shaw LLP

Fourth Circuit Ruling Provides Cautionary Tale for Employer’s Managing Internal Harassment Complaints and Investigations

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Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially...more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

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Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Ballard Spahr LLP

NY State Issues Guidance to Employers on Sexual Harassment Policy and Training Requirements

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New York Governor Andrew Cuomo on August 23, 2018, released for public comment a series of electronic draft materials and guidance as a follow-up to the State's sexual harassment law passed in April 2018. The public comment...more

Seyfarth Shaw LLP

New York State Releases The Draft Model Anti-Sexual Harassment Policy, Training, and Complaint Form

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Seyfarth Synopsis: In compliance with the New York State Anti-Sexual Harassment legislation passed earlier this year, the Office of Governor Andrew M. Cuomo has released drafts of the model sexual harassment policy, training...more

Hogan Lovells

New York State Anti-Sexual Harassment Draft Guidance Released

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The State of New York recently issued draft guidance for employers regarding the anti-sexual harassment legislation passed earlier this year....more

Littler

NY Agencies Publish Draft Sexual Harassment Model Policy, Complaint Form, and Training

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On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law....more

Mitratech Holdings, Inc

Calling All Companies: It’s Time to Get Real About Sexual Harassment

It’s not a joke. It’s really not. In fact, 81 percent of women and 43 percent of men have experienced some form of sexual harassment in their lifetime, according to a survey conducted by nonprofit organization Stop Street...more

Bradley Arant Boult Cummings LLP

Court Not So Hostile to Employer in Hostile Work Environment Case

Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more

BCLP

Investigating Claims of Harassment: A Step-by-Step “How To” Part 6: Closing the Investigation and Additional Steps Thereafter

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This final installment of a six-part series on harassment investigations discusses how to close the investigation and steps to take after the investigation has been closed. As always, bear in mind that each harassment...more

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