News & Analysis as of

Reversal Hiring & Firing Hostile Environment

Spilman Thomas & Battle, PLLC

The Rumor Mill: A Case Study on Workplace Conduct - How Perpetuating Workplace Rumors Can Create Employer Liability for Gender...

On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more

Proskauer - Law and the Workplace

Gardner v. CLC of Pascagoula, LLC –What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?

Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Fisher Phillips

Protecting Employees From Patient Harassment: It’s No Laughing Matter

Fisher Phillips on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Proskauer - California Employment Law

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Holland & Knight LLP

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

Holland & Knight LLP on

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

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