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Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more
Hotel Manager Sexually Harassed Female Housekeeper for Months and Then Fired Her for Complaining About It, Federal Agency Charges - OXFORD, MS – Lodging Lane Hospitality, doing business as Home2 Suites and owned and...more
Owner Made Frequent, Unwelcome Sexual And Racist Comments, Federal Agency Charges - CHICAGO – General Truck Parts, a supplier of new and used truck parts with a facility in Chicago, violated federal law when its owner...more
Supervisors Repeatedly Ignored Farmworker’s Reports of Sexual Harassment, Federal Agency Charges - SEATTLE —Chief Orchards, a tree fruit business based in Yakima, Washington, violated federal law by allowing a Latina...more
Produce Processing Company Failed to Respond to Multiple Complaints, Federal Agency Charges - LOS ANGELES — Fresh Venture Foods, LLC, a produce processing and shipping company based in Santa Maria, California, violated...more
Dried Fruit Supplier and Employment Placement Co. Failed to Address Sexual Harassment, Federal Agency Charges - FRESNO, Calif. — Sunshine Raisin Corporation, dba National Raisin, and Real Time Staffing Services, LLC, dba...more
Grocery Store Chain Allowed Customer to Abuse Female Employees, Federal Agency Charges - BIRMINGHAM, Ala. – Houchens Food Group, Inc., owner and operator of Pic-N-Sav grocery stores in several states and headquartered in...more
Male Manager Subjected at Least Three Teen Female Carhops at Mineola Eatery to Verbal and Physical Abuse, Federal Agency Charges - DALLAS — At least three teen female carhops were subjected to sex harassment by SDI of...more
Hospital Company Failed to Protect Former Female Director of Case Management from Hostile Work Environment, Federal Agency Charged - ALBUQUERQUE, N.M. – Albuquerque-AMG Specialty Hospital, LLC and Acadiana Management...more
Restaurant General Manager Sexually Harassed Women, Including Teen Workers, Federal Agency Charges - BALTIMORE – Koerner Management Group, Inc., doing business as IHOP (KMG), a Virginia based corporation that owns 12 IHOP...more
Nursing Facility Tolerated Sexual Harassment of Female Employees and Retaliated Against an Employee Who Reported Harassment - MONTROSE, Colo. – SSC Montrose San Juan Operating Co., LLC, SavaSeniorCare Administrative...more
Egg Producer Allowed Supervisor to Sexually Harass Female Employee, Then Retaliated Against Her When She Complained, Federal Agency Says - MARTIN, MI—Konos, Inc., a Michigan-based egg producer, was sued by the U.S. Equal...more
Chef Fired Female Cook for Denying Him Sex, Federal Agency Charges - NEW YORK – The head chef at Liberty Warehouse, a popular Brooklyn, N.Y., wedding venue, subjected female kitchen staff to sex discrimination, sexual...more
Restaurant Allowed Coworker to Repeatedly Harass Manager and Fired Her for Complaining, Federal Agency Charges - TAMPA, Fla. – Chipotle Mexican Grill, Inc., an international restaurant chain, violated federal law when a...more
In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more
Punitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put...more
Seyfarth Synopsis: The 4th Circuit rejected a punitive damages award won by a male AutoZone worker who accused the Company of blatantly ignoring complaints of sexual harassment by his female co-worker, finding that managers...more
Making important law on the question of vicarious liability for punitive damages, the Fourth Circuit recently reversed awards of punitive damages under Title VII and North Carolina law in Ward v. AutoZoners....more
The New York Legislature on June 19, 2019 unanimously passed expansive new protections for protected classes and special protections for employees who have been sexually harassed through a new bill — S.6577. According to its...more
On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more
Executive Chef/Owner Inappropriately Touched and Harassed Young Female Employees, Federal Agency Charges - HOUSTON - Tosca Americana Italian Kitchen, a restaurant in Atascosita, Texas, violated federal law by subjecting...more
In this episode of The Proskauer Brief, partner Evandro Gigante and associate Arielle Kobetz discuss the labor and employment landscape in 2019, including some significant laws set to go into effect this year, as well as...more
The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A...more
Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more
After Employee Complained About Sex Harassment, Staffing Company Ended Her Assignment and Denied Her Future Assignments, Federal Agency Charges - CHICAGO - Anchor Staffing, a Chicago-based staffing agency, violated an...more