Sexual Harassment

News & Analysis as of

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

Employment Law Navigator – Week in Review: January 2017 #3

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Nitpicking the EEOC’s Proposed Guidance on Harassment

This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from...more

An Employer’s Horror Story For Friday The 13th: Retaliation Claim Survives 13-Year Gap

January 2017 is one of those rare months including a Friday the 13th, which might bring to mind a horror movie where a seemingly vanquished killer somehow rises to his feet – once again! – to wreak havoc on his stunned...more

Episode 02: A View From The Plaintiff's Side [Audio]

Matt welcomes Doug Wigdor to discuss his perspective on employment litigation trends, the potential spike in sexual harassment litigation, other post-election fallout, non-employment discrimination lawsuits, and the tragic...more

Drafting Franchise Agreements After Patterson v. Domino’s : Avoiding the Minefield of Vicarious Liability and Joint Employment

Lauded as one of the most important franchise cases in the recent past, Patterson v. Domino’s established a new standard for addressing vicarious liability issues in California. In reaching its decision that Domino’s was not...more

Mexicali Chicken & Salads Ordered To Pay $27,700 to Resolve Sexual Harassment Lawsuit Filed By EEOC

Young Female Employee Sexually Harassed by Restaurant Manager and Terminated After She Complained, Federal Agency Charged - SAN DIEGO - A federal judge has ordered Mexicali Chicken & Salads, an El Centro, Calif.-based...more

Employment Law Navigator – Week in Review: January 2017

During the Navigator’s holiday break, many commentators wrote about what the new year is likely to bring for employers and employees. The Washington Post identified social policy, technology and diversity as the three issues...more

Negligent Employers May Be Held Liable For a Non-Supervisory Employee’s Discriminatory Actions Under “Cat’s Paw” Theory Says...

The Second Circuit recently adopted the “Cat’s Paw” theory of liability in Title VII cases. This was hardly a surprise as other Circuit Courts had done the same after the United States Supreme Court endorsed Cat’s Paw in a...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

South County Support Services & Southwest Transportation Agency Voluntarily Settles EEOC Charge for $90,000

Company Discharged Employee After She Reported Harassment, Federal Agency Charges - FRESNO, Calif. - Caruthers, Calif.-based companies South County Support Services and Southwest Transportation Agency will pay $89,691...more

Capital Restaurant Concepts, Ltd., d/b/a Paolo’s GT-LLC Sued By EEOC For Sex Discrimination

Agency Alleges That Teenage Employee Was Harassed Because Of His Sexual Orientation - Washington- Capital Restaurant Concepts, Ltd., d/b/a Paolo's GT-LLC, a District of Columbia corporation, violated federal law by...more

Sex, religion, and the holidays — what fun!

Happy Holidays! It’s that time of year again. A feeling of excitement in the air, presents, parties, frivolity, EEOC charges. . . . No, this is not a guessing game of “which word doesn’t fit.” With the end of the year...more

2016 Christmas Party Post Mortem

Three years ago, the Company Christmas Party resulted in various criminal charges, allegations of sexual harassment, compensation of the entire Accounting Department for an all-night game of Truth-Or-Dare, a workers...more

Goodwill Affiliate Sued By EEOC for Sexual Harassment, Disability Discrimination and Retaliation

Nightshift Janitors Left Vulnerable to Supervisor's Abuse, Federal Agency Charges - OAKLAND, Calif. - Goodwill Industries of the East Bay Area and affiliate Calidad Industries violated federal law by allowing sexual...more

Recommendations to Make the Corporate Holiday Party Fun, Festive, and Harassment-Free

Now that Thanksgiving is behind us, employers will be tasked with planning a variety of holiday gatherings to celebrate the season. Employers may want to make a list and check it twice to ensure that their holiday...more

Peter Dinklage takes on Elf

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame. Of course, I won’t tell anyone if you already had your tree up in November (like me)...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

From the Archives: Back to the Basics on Sexual Harassment Prevention

Wrapping up my look back this shortened week at some “Basics” posts, here’s a reminder of the obligations employers have to conduct sexual harassment prevention trainings. Have a wonderful Thanksgiving and thanks for your...more

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more

The Continuing Expansion of Sexual Harassment Training Requirements in California

A dozen years ago, the passage in California of Assembly Bill (AB) 1825 began required sexual harassment prevention training for supervisors in companies with 50 or more employees.  Since then, California has led the nation...more

Government Contracting and Executive Orders Under a Trump Administration - Part One

With President-elect Trump’s victory, what is the future of President Barack Obama’s executive orders? As President Obama’s administration winds down, the Department of Labor has finalized regulations implementing several...more

Employment Law Navigator – Week in Review: November 2016

Last week, a Pennsylvania federal court held that Title VII protects lesbian, gay, and bisexual employees from sex discrimination. As we noted in last Thursday’s post, courts around the country have differing views about...more

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