Sexual Harassment

News & Analysis as of

Religious Institutions Update: May 2015

Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...more

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...more

Technology And The Workplace

How Email And Texting Are Transforming Business Interactions - The automotive industry has embraced technology. Most dealerships have installed business development centers, and Internet departments to attract the...more

California Court of Appeal Reminds Employers About the Importance of Thorough Harassment Investigations

Dawson v. Country Club of Rancho Bernardo, No. D064654 (March 23, 2015): In an unpublished opinion, a California Court of Appeal reversed an order granting summary judgment in favor of the employer, Country Club of Rancho...more

Harassing Act Directed at Another Employee Enough to Revive Plaintiff's Time Barred Harassment Claims

Under Title VII, employees typically must file a charge of discrimination within 180 days (or 300 days in states such as South Carolina with their own EEO enforcement agencies) of the alleged discriminatory act. In its 2002...more

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more

What Do You Do When The Ugly Allegations In A Lawsuit Against Your Company Go Viral?

Take your cue from two leading ladies of television – Olivia Pope (Scandal) and Liz Garvey (Babylon). In a world of instantaneous communication and open access to information, Liv and Liz are masters of crisis management....more

6th Circuit: Telling Supervisor to Stop Harassing Conduct Is Protected Activity Under Title VII

A company cannot fire an employee in retaliation for complaining to supervisors about sexual harassment, the Sixth Circuit recently held in Equal Employment Opportunity Commission v. New Breed Logistics, No. 13-6250 (6th Cir....more

Appeals Court Affirms Jury Verdict of Over $1.5 Million in EEOC Sexual Harassment and Retaliation Lawsuit Against New Breed...

MEMPHIS, Tenn. - A federal appeals court has upheld a jury verdict of over $1.5 million in the U.S. Equal Employment Opportunity Commission's (EEOC's) lawsuit against a High Point, N.C.-based logistics services provider for...more

3 Mind-Blowing Tips For Employers About Sexual Harassment From Cosmo

I don’t care who you are: Somewhere, in a doctor’s waiting room, or a supermarket checkout line, you’ve seen the headlines of Cosmopolitan magazine. But, as luck would have it as an employment lawyer, imagine my...more

Lessons for Employers from the Pao Trial

On March 27, 2015, a San Francisco jury returned a verdict in favor of venture capital firm Kleiner Perkins Caulfield & Byers in the highly publicized trial of sex discrimination and retaliation claims asserted by Ellen Pao....more

Sexual Harassment Mistakes Employers Make

Sexual harassment claims can quickly become a nightmare for employers, but so many aspects of the nightmare are caused in part by the employer’s own actions. The employer has opportunities to mitigate the damage in two key...more

Labor and Employment — The TMZ of Law

We employment lawyer types proudly boast that no one has better legal stories to tell than we do (if only we could tell all of our stories). Some of our best stories were thrust into the media during the first quarter of...more

The Love Contract – Taking the Romance Out of Office Trysts

If Valentine’s Day leads to many office hookups, then April Fool’s Day can be considered the traditional day of mourning for imploded relationships. HR professionals fear April 2: the annual day of harassment complaints...more

Top franchise matters of 2014

DLA Piper IPT partners Barry Heller, John Verhey and John Hughes recently conducted a webinar reviewing 2014’s top franchise decisions. Three significant 2014 matters are summarized below. 1. In Patterson v. Domino’s...more

Supreme Court of New Jersey Adopts Faragher/Ellerth Affirmative Defense

On February 11, 2015, the Supreme Court of New Jersey expressly adopted the test created by the United States Supreme Court in Faragher v. City of Boca Raton, 524 U.S. 775, 807 (1998) and Burlington Indus., Inc. v. Ellerth,...more

A Reminder: Employers Must Train Supervisors on the Prevention of Abusive Conduct

Assembly Bill 2053 expanded the existing requirement for sexual harassment training under Government Code section 12950.1 to include training on the prevention of abusive conduct. Effective January 1, 2015, the law applies to...more

Workplace Harassment is Evolving: Is Your Prevention Program Keeping Pace?

Creating a workplace culture where employees feel safe and respected means designing and implementing a workplace harassment prevention program that adapts to emerging issues. In this presentation: I. The Persistent...more

Workplace Harassment Prevention: Are You Doing Enough?

Do you have a comprehensive workplace harassment prevention program in place? During our recent webinar, “Workplace Harassment is Evolving: Is Your Prevention Program Keeping Pace?,” we asked attendees whether they had a...more

Yuma-Area Health Center Sued by EEOC for Retaliation

Regional Center for Border Health Fired Employee Because She Complained About Sexual Harassment, Federal Agency Charges - SOMERTON, Ariz. - The Regional Center for Border Health, Inc., a Yuma-area health center,...more

Lessons From the Kleiner Perkins Trial: Stopping Discrimination Against Women

In recent weeks much media attention has been paid to an important case against a well-known Silicon Valley venture capital firm Kleiner Perkins Caufield Byers. Since late February, the technology sector venture capitalist...more

Company Updates Code of Conduct after Ousting CEO for Sexual Harassment

Unethical leadership can be devastating for a company. For a large apparel company, the sexual misconduct of its ex-CEO has it scrambling to repair its image and prove it will no longer tolerate such behavior. The company...more

Windmill Farms Nurseries to Pay $40,000 to Settle EEOC Sexual Harassment Lawsuit and Retaliation

Female Agricultural Worker Was Subjected to Sexual Harassment by Crew Leader and Fired for Complaining, Federal Agency Charged - Tampa, Fla. - Windmill Farms Nurseries, Inc., a plant material wholesaler and nursery...more

ArbG Solingen: Unternehmen muss Vorgesetztem trotz Missbrauchsverdachts nicht kündigen

Ein Arbeitgeber muss einen Manager, der einen anderen Arbeitnehmer sexuell missbraucht haben soll, nicht entlassen. Das entschied das Arbeitsgericht Solingen kürzlich (ArbG Solingen, Urt. v. 24.02.2015, Az. 3 Ca 1356/13). Der...more

Is Summary Judgment Unavailable for Sexual Harassment Claims? The Impact of the Walker v. Mod-U-Kraf Ruling on Sexual Harassment...

In modern employment litigation, the employer’s ultimate goal is to prevail at summary judgment, thereby avoiding the expense of trial and the unpredictability of a jury. A recent decision from the Fourth Circuit Court of...more

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