Sexual Assault

News & Analysis as of

News from the Vermont Statehouse An - Analysis from DRM’s Government & Public Affairs Team - March 2017 #2

The House Ways and Means Committee is considering a proposal from the Vermont Department of Taxes to reduce the amount of use tax a person can pay without providing records to prove his or her tax liability. The rate would...more

Title IX Update - March 2017

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...more

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

Is Title IX Guidance and Enforcement About to Change?

On February 22, the U.S. Department of Education issued its first Dear Colleague Letter guidance of the new administration, rescinding the transgender rights guidance that the Obama administration issued last summer. The...more

Texas High Court Allows Employee to Pursue Assault Claim Against Employer for Tortious Acts of “Vice Principal”

Seyfarth Synopsis: In a decision that is sure to increase the costs and complexity of litigation, the Texas Supreme Court recently held that a former employee’s common law assault claim was not preempted by the state’s...more

Texas Workplace Sexual Assaults May Not be Treated as Sexual Harassment

In Texas, some victims of workplace sexual assault may pursue common law assault claims against their employers, following a recent Supreme Court of Texas ruling. B.C. v. Steak N Shake Ops., Inc., — S.W.3d —, Case No. 15-0404...more

Defamation Law Series: Massachusetts District Court Tosses Katherine McKee’s Claims Against Bill Cosby

Last week, on February 16, 2017, the United States District Court for the District of Massachusetts dismissed Katherine McKee’s claims against Bill Cosby in McKee v. Cosby. McKee was among the women who alleged that...more

Claims of Negligent Hiring, Supervision or Retention Draw Hospitals into Abuse Cases

Hospitals are commonly named as defendants in medical malpractice lawsuits for claims arising from alleged injuries within their walls, but what is their exposure to liability for claims that arise from alleged sexual...more

Employment Law Navigator – Week in Review: January 2017 #5

Over the weekend, U.S. employers reacted to the new administration’s executive order restricting entry to the United States by citizens of seven predominantly Muslim countries. Starbucks pledged to hire 10,000 refugees over...more

Failure to Disclose Not Justified by Non-Fifth Circuit Authorities

Lisa Velasquez Olivarez claimed that a GEO employee sexually assaulted her while she was incarcerated in the Maverick County Detention Center. She made recorded phone calls from prison to her mother and a friend, suggesting...more

Title IX Investigations in Need of Reform

How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest...more

The California Edition of the Employment & Labor Newsletter

The following is a brief recap of the bills Governor Brown signed in 2016 that have added new laws to the books and modified existing laws affecting California employers. Employers should consult with counsel to ensure...more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

Christmas party incident of sexual harassment leads to dismissal, then reinstatement, of firefighter

A male firefighter who had been “drinking heavily” has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department’s Christmas party. The Christmas party was held at a...more

Title IX Update: January 2017 - Recent Title IX Developments

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

Defamation Law Series: Third Circuit Court of Appeals Affirms Dismissal of Renita Hill’s Claims Against Bill Cosby

The Third Circuit Court of Appeals recently affirmed the Pennsylvania district court’s dismissal of Renita Hill’s claims against Bill Cosby in Hill v. Cosby. Hill was among the women who alleged that Cosby had drugged...more

On the Horizon: Laws Going Into Effect in Early 2017

The California Legislature continues to be very active in passing pro-employee legislation, creating additional compliance burdens and litigation risks for employers. The following summary contains the key new laws employers...more

The Third Circuit Court Of Appeals Denies Teacher Qualified Immunity Under The “State-Created Danger” Theory Where The Teacher...

L.R. v. School Dist. of Philadelphia et. al. No. 14-4640 (3rd. Cir. Sept. 6, 2016). The Third Circuit Court of Appeals affirmed an Order from the U.S. District Court for the Eastern District of Pennsylvania denying...more

Title IX Enforcement and Interpretation: The Winds of Change are Blowing

Seyfarth Synopsis: Title IX enforcement issues continue to notably permeate the agenda of colleges and universities. The winds of change to Title IX enforcement may be blowing in 2017. This Management Alert will review the...more

Ohio Supreme Court Upholds Damage Caps As Applied To The Sexual Assault Of A Minor

Except for certain limited circumstances, Ohio law limits, or caps, the maximum amount a person can recover for noneconomic damages such as pain and suffering. The Ohio Supreme Court recently upheld this limitation of damages...more

A Closer Look at the New Lawsuit By Baylor Football Coach Art Briles

It’s been a tough few months for Baylor football and its former coach Art Briles. Baylor fired Briles in May of this year, after an outside law firm investigated the school’s response to alleged sexual assaults by football...more

New California Labor and Employment Laws for 2017

Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016. Each becomes effective on Jan. 1, 2017, unless otherwise...more

EEOC Wins Jury Verdict in Sexual Harassment Case against Costco

Failure to Intervene Against Harassing Customer Created Hostile Work Environment, EEOC Charged - CHICAGO - A federal jury has awarded $250,000 in compensatory damages to a former employee of Costco Wholesale, Inc. who...more

When is an after-party an after-party? Christmas parties and vicarious liability claims

It’s that time of the year again – Christmas parties and work socials galore. That heady mix of festive spirit and copious amounts of free alcohol. Add in work colleagues and things can get a little bit sticky. As some...more

2016: Year in Review

As 2016 comes to a close, there is understandable concern about and interest in changes to employment laws and regulations that may be initiated by a new federal administration. Although enforcement and regulatory priorities...more

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