The Labor Law Insider | Offensive Speech in the Workplace - Part II: Drawing the Line
There is a time and place for everything, or so they say. Eminem and Too $hort are both somewhat polarizing artists. From songs such as Eminem’s “Cleaning Out My Closet” to Too $hort’s infamous “Blow The Whistle”, some of...more
The German Federal Labour Court has clarified the rules on when an employee who makes offensive comments about colleagues in a private chat can be dismissed. According to a recent decision of the German Federal Labour...more
On July 29, 2023, the United States District Court for the District of New Jersey in Tavares v. Builders FirstSource Northeast Group, Inc., granted Defendant’s Motion for Summary Judgment most notably finding that racist and...more
When defining what conduct constitutes a hostile and offensive working environment under Title VII, the U.S. Supreme Court directs lower courts to look at the context of the behavior in the specific workplace at issue....more
Last week, President Trump made headlines when he tweeted that “‘progressive’ Democrat Congresswomen … originally came from countries” that were “totally broken and crime infested,” and that they should “go back” to the...more
A defendant-employer won summary judgment on a racially hostile environment claim. The district court reached back to old cases and said the employee-plaintiff had to show the work environment was “hellish” to be actionable....more
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
When does crude language cross the line and become unlawful harassment? A court decision from this week reminded me about this issue, which I’ve been thinking about and discussing in harassment training for a long time (but...more
In a recent string of decisions, federal courts have concluded that use of racial epithets even on one occasion is sufficient to constitute a hostile work environment under Title VII. Thus, use of the N-word and other...more
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
Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more
Does a single incident create a hostile work environment? Just this month, the U.S. Court of Appeals for the Fifth Circuit held that one offensive comment was insufficient to create a hostile work environment....more
Courts increasingly scrutinize the “protected activity” prong of a plaintiff’s prima facie retaliation claim under Title VII of the Civil Rights Act of 1964 and other, similar anti-discrimination laws. ...more