News & Analysis as of

Sexual Harassment

Florida Employers What if Theres a Bill OReilly in Your Workplace

by Rumberger Kirk & Caldwell on

Just as some business and organization leaders thought that the culture of a diverse workplace thriving on respect and dignity was deeply entrenched, along comes allegations against a well-known name like Bill O’Reilly...more

Guess Who You Should Never Invite to Dinner? What We Can Learn From Sexual Harassment Claims in the News

Sexual harassment—we have policies against it, we train people on how to prevent and report it, and yet still we have big news stories about it. In the last year, Fox News hit the headlines on this front multiple times–not...more

Better 4 You Breakfast Settles EEOC Lawsuit for Retaliatory Discrimination

School Meals Provider Will Pay $62,500 to Settle Retaliation Claims and Provide Training to Employees on Retaliation - PHOENIX - A Commerce, Calif.-based company that provides prepared meals to schools has agreed to...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures...

by Bowditch & Dewey on

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to...more

A “Fair and Balanced” Look at a Salary Claw-Back Against an Alleged Serial Sexual Harasser

One of underlying themes of the now defunct “O’Reilly Factor” was that the liberal elites have brought about the “wussification” of America. In Mr. O’Reilly’s world, personal responsibility has given way to excuses and...more

Sexual Harassment In The News Likely To Lead To Uptick In Claims

by Fisher Phillips on

Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines...more

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

by Zelle LLP on

Last week, HR Dive reported a Yale University global study on the forces behind continued underrepresentation of women in business leadership. After surveying 5,000 individuals in 100 countries, the study concluded that...more

Employment Law Navigator – Week in Review: April 2017 #2

by Zelle LLP on

Last Tuesday was Equal Pay Day, which highlights the gender pay gap. It marks how far into the new year women must work to earn what men made in the previous year. In other developments focused on pay practices, the U.S....more

ABL Management to Pay $35,000 to Settle Retaliation Lawsuit with EEOC

Company Fired Panama City Employee After He Reported Male Supervisor Sexually Harassed Him, Federal Agency Charged - BIRMINGHAM, Ala. - ABL Management, Inc., a Baton Rouge, La.-based food management company, will pay...more

New EEOC Proposed Guidelines May Signal What is to Come in the Area of Sex-Based Workplace Discrimination

by Baker Donelson on

A few weeks ago, the public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed guidance on unlawful workplace harassment closed, drawing mixed responses from commentators. The purpose of the...more

Court Uses Novel Issue Certification Device To Sidestep Individualized Issues Otherwise Precluding Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A group of female truck drivers sued their employer for policies allegedly resulting in a hostile work environment for and retaliation against women who complained of sexual harassment on the job. Under...more

Permissive Cultures Make Training a Scapegoat rather than a Competitive Advantage

by NAVEX Global on

Thanks to the onslaught of digital tools available to us today, primarily social media, we are getting a glimpse behind the curtain at a lot of companies. Employees are freely commenting on their employers, and the missteps...more

President Trump Revokes Blacklisting Executive Order, Including Paycheck Disclosure Requirements

by FordHarrison on

President Trump has signed a Joint Resolution (H.J. Res. 37) disapproving federal agency rules implementing the Fair Pay and Safe Workplaces Executive Order (EO 13673) (also known as the “Blacklisting” EO) signed by former...more

Medical Resident: Student, Employee, or Both? Third Circuit Finds Hospital Residency Program May Be Subject to Title IX

In a recent case of first impression, the Third Circuit found that a private teaching hospital’s residency program was an “education program or activity” for purposes of a discrimination claim asserted under Title IX of the...more

Title IX Update - April 2017

by Nexsen Pruet, PLLC on

University of Alaska System – February 2017 - In late February, the Department of Education Office for Civil Rights (“OCR”) entered into a Resolution Agreement with the University of Alaska System related to a compliance...more

Employment Law Navigator – Week in Review: April 2017

by Zelle LLP on

There was a lot of discrimination law action last week, including the announcement of a $12 million settlement to be paid by Texas Roadhouse. The EEOC brought an age discrimination suit against the Louisville, Kentucky-based...more

Is Your Anti-Harassment Training Making the Grade?

by Miller & Martin PLLC on

If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more

Strategies for EEO Compliance: Focus on Leadership, Not Compliance

by Foley & Lardner LLP on

We observed last year that the legal industry is no more immune to the holdovers of sexism than any other profession. As we noted, in a step toward stemming this problem, the American Bar Association has passed a new model...more

Sometimes a Belt & Suspenders Aren’t Enough

by Faegre Baker Daniels on

Even the most cautious lawyer might think that Columbia North Hills Hospital had done enough to compel arbitration when a former employee sued for sexual harassment, retaliation, and negligence. The trial court thought so. ...more

Muscle Beach Party and Theories of Sex Discrimination: Second Circuit Tries To Clarify Sexual Orientation vs. Gender-Stereotyping

Is there a difference between being discriminated against because of your sexual orientation versus being discriminated against for not conforming to a gender stereotype? In most areas of the country, there most certainly is...more

Employment Law Navigator – Week in Review: March 2017 #4

by Zelle LLP on

Last week, HR Dive highlighted the benefits and drawbacks of the use of electronic tracking to assess how employees engage with one another. Use of tracking technology to assess employee interaction has joined employee...more

Is a “Very Strange Year at Uber” a Cue to Improve Culture or Harassment Training …or Both?

by NAVEX Global on

Whenever we see headlines about an organization embroiled in some kind of ethical or legal misstep, what usually follows are a series of questions about what exactly went wrong. The answers to these questions usually shine a...more

Rite Way to Settle EEOC Retaliation Suit

Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation - GULFPORT, Miss. - Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to...more

Seventh Circuit Affirms Summary Judgment for Employer in Title VII and Title IX Retaliation Case

by FordHarrison on

Recently, the United States Court of Appeals for the Seventh Circuit in Burton v. Board of Regents of the University of Wisconsin System, affirmed the district court’s order granting summary judgment in favor of the employer...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

by Proskauer Rose LLP on

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

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