News & Analysis as of

Sexual Assault Employer Liability Issues

NAIS and TABS Release Their First Task Force Report on Addressing Educator Sexual Misconduct

by Littler on

On August 22, 2017, the National Association of Independent Schools (NAIS) and the Association of Boarding Schools (TABS) released their first joint report on sexual misconduct in independent schools. The report can be found...more

California Employer Domestic Violence Notice Requirement

Last November, Assembly Bill No. 2337 (“AB 2337”) was signed into law amending Section 230.1 of the California Labor Code by requiring employers to provide written notice to all employees, including new employees upon hire,...more

California Adds New Notice Requirement for Domestic Violence, Sexual Assault and Stalking Victims

by Hinshaw & Culbertson LLP on

Employers, another notice provision has taken effect in California. Beginning on July 1, 2017, employers with at least 25 employees must now provide written notice to new employees that explain the rights of victims of...more

Respond to Employee Restraining Orders

by Sherman & Howard L.L.C. on

An employer will face a trial on whether it negligently supervised an employee’s co-worker. The two workers had a relationship that ended when the man sexually assaulted the woman in her home. After trips to the emergency...more

Alert: California New Hires Must Receive Notice of Workplace Rights of Victims of Domestic Violence

by Cooley LLP on

Existing California law prohibits employers from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault or stalking who takes time off work for...more

July 1, 2017, Notice Required Regarding Domestic Violence, Stalking and Sexual Assault

by BakerHostetler on

Effective July 1, 2017, California employers with 25 or more employees are required to provide to new employees upon hire and to current employees upon request notice regarding the rights of victims of domestic violence,...more

California Issues New Domestic Violence, Sexual Assault, Stalking Notice

by Jackson Lewis P.C. on

As required under AB 2337, California Division of Labor Standards Enforcement (“DLSE”) has published a new written notice to employees, in English and Spanish, regarding their rights to take protected leave for domestic...more

One More Required Notice For CA New Hires

by Fox Rothschild LLP on

We previously blogged about the numerous documents CA employers need to give new employees upon hire. Well, add the “RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING” notice to the list. This notice has...more

New Notice Requirement For Domestic Violence Victims’ Rights To Go Into Effect (July 1, 2017)

As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on...more

Domestic Violence Leave Notices Now Available for Download

As we mentioned in our June 21, 2017, Client Alert (“Mid-Year Compliance Check-Up!”), effective July 1, 2017, employers must provide employees with a written notice, to be created by the California Labor Commissioner,...more

Violence Against Women

by Sherman & Howard L.L.C. on

The facts alleged are horrific. A supervisor had a history of screaming obscenities and throwing things at women who worked for him. The employer sent him to anger management classes. His preferred victim was seven months...more

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

by Fisher Phillips on

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

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

by Seyfarth Shaw LLP on

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

by Perkins Coie on

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

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

by Dentons on

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

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

by Dentons on

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

Arbitrator finds employer violated OHSA workplace-violence obligations

by Dentons on

A labour arbitrator has found that a mental health organization violated the Occupational Health and Safety Act when it failed to take certain workplace-violence precautions. The organization provided services to...more

Initiative I-124: Look Beyond the Title

by Garvey Schubert Barer on

On Monday, July 25, 2016, the Seattle City Council unanimously voted to place Initiative 124 (“I-124”), entitled the “Seattle Hotel Employees Health and Safety Initiative,” on the November 2016 ballot. Many voters will likely...more

Health Alert (Australia) August 8, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland - 28 July 2016 - Beven v Brisbane Youth Service Inc [2016] QSC 163 - The plaintiff, Lindsey Beven, was...more

OSHA Hits Employer with Hefty Fine for Failing to Protect Employee from Assault by Client

A national home health care provider, doing business in York Pennsylvania as Epic Health Services, was recently issued a citation and significant fine by The Occupational Safety and Health Administration (OSHA) in connection...more

Condo Association Sued for Sexual Harassment National Origin Discrimination and Retaliation

Management Company Also Sued; Vulnerable Workers Subjected to Abuse, Including Attempted Rape, and Retaliation for Complaining, EEOC Charged - DENVER - Vail Run Community Resort Association, Inc., a condominium complex...more

Two Thoughts On The Faruqi Sexual Harassment Trial

I hope that everyone is following the Marchuk v. Faruqi & Faruqi sexual harassment trial that is taking place as we speak in Manhattan. If you haven’t been, then now is the time to start!...more

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

EEOC Sues County Fair Farm for Sexual Harassment

Federal Agency Charges County Fair Farm With Subjecting Female Farmworkers to Groping, Verbal Abuse, Solicitations for Sex - BOSTON -- County Fair Farm, a farm and produce wholesaler located in Jefferson, Maine,...more

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

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