Sexual Harassment

News & Analysis as of

Sexual Harassment Training Can Help Mitigate The Risk Of Sexual Assaults On College Campuses

Let me begin this post by saying, War Eagle! (It is football season…). Football and silliness aside, I am an Auburn fan because I attended Auburn University. I graduated last year and sometimes I wish I could have done five...more

EEOC Sues Costco for Sex Discrimination

Federal Agency Says Warehouse Giant Fostered a Sexually Hostile Work Environment When It Failed to Protect Female From Stalking Customer - CHICAGO -- Warehouse retail giant Costco violated federal law by fostering a...more

Fact Or Fiction: Harassment Stories You Won’t Believe And How Sexual Harassment Training Can Keep You Out Of The Tabloids

Sometimes it’s hard to believe the stories of harassment that come across my desk. Today I read the story of Pavel Curda and Gesche Haas. While attending a networking event for investors and startups in Berlin last month,...more

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom...more

Sal's Mexican Restaurant Settles EEOC Sexual Harassment Charge Involving a Teenager

FRESNO - Sal's Mexican Restaurant in Fresno, Calif., has settled a sexual harassment charge with the U.S. Equal Employment Opportunity Commission (EEOC) for $15,000, the federal agency announced today. The EEOC had charged...more

Harassment Training 101: The 11 Most Common Mistakes Made by Sexual Harassment Victims

I recently read an article in the New York Times by female science writer Christie Aschwanden. At the beginning of the article she recants her first experience as an undergraduate biology major doing field work in Costa Rica....more

Facially Sex-Neutral Statements and Conduct May Support a Sexually Hostile Work Environment Claim

The Second Circuit’s recent decision in Moll v. Telesector Resources Group, Inc. is a good reminder to employers that a sexually hostile work environment claim can be based on more than just sexually explicit or sexually...more

NLRB Expands Reach of NLRA by Finding Employee Who Sought Help From Coworkers For Her Sex Harassment Complaint Was Protected

In yet another case that impacts both union and non-union employers, the National Labor Relations Board (NLRB) recently found that an employee who asked coworkers for assistance in preserving evidence for a sex harassment...more

NLRB Divides Sharply on Employee Concerted Activity for “Mutual Aid or Protection”

In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the...more

EEOC Sues MountainKing Potatoes for Sexual Harassment and Retaliation

Supervisors Harassed Female Farmworkers Over Period of Time, Then Punished Them for Complaining, Federal Agency Charges - DENVER - MountainKing Potatoes, the name under which Smokin' Spuds, Inc. and Farming Technology,...more

Title IX Compliance

In the past few months, we have reported on how sixty-eight higher education institutions throughout the nation have made it onto the U.S. Department of Education’s public list of colleges and universities that are currently...more

Obama Executive Order Places New Burdens and Restrictions on Federal Contractors

In an unwelcome, mid-summer surprise for the business community, President Obama signed the Fair Pay and Safe Workplaces Executive Order on Thursday July 31, 2014 requiring federal contractors to report violations of federal...more

EEOC Roundup: June 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Human Rights Commission Looking for Early Information From Claimants

Representing defendants in claims before the Maine Human Rights Commission can be frustrating because the allegedly detailed statement of charge is often not very detailed. It can be difficult to respond to a claim when the...more

Yes, Sexual Harassment Plaintiff, You Can Shoot Yourself In The Foot. Here’s How.

Even an air-tight case of sexual harassment can be sabotaged if (1) the employer has a policy banning it and an effective mechanism for handling complaints, and (2) the victim refuses to cooperate in the investigation....more

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

If Tinder Had A Corporate Compliance Training Program, CMO Might Still Be Dateable

The sudden onslaught of high profile sexual harassment and gender discrimination cases that are surfacing has me quoting a line from one of my favorite movies; “I feel like I’m taking crazy pills!”. First, American Apparel,...more

Be careful how you treat employees after a complaint of harassment is made

Recently, the Tenth Circuit Court of Appeals issued a decision in Barrett v. Salt Lake County that emphasized the importance of not retaliating against employees who engage in protected conduct. Background...more

You’ve Got a Problem, Bro – Tinder, Silicon Valley and Resolution 62

A co-founder and now former employee at Tinder has sued the dating app startup and its leaders for sexual harassment and discrimination. It’s a messy (and familiar) story of an office romance between senior execs gone...more

Arbitrator may order change to hours, location of doctor who sexually-harassed hospital nurse

Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse, and under what conditions, an Ontario arbitrator has decided....more

More Fallout From American Apparel: CEO Refused Mandatory Sexual Harassment Training

Let it never be said that ethics and compliance is a dull field. Some of the stories that happen in it are worthy of Hollywood. In my last post about American Apparel firing CEO Dov Charney, I wrote that this happened after...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 47: Same Sex Harassment Is Illegal

It seemed like a simple enough issue. In 1984, the Supreme Court found that sexual harassment — when it is severe or pervasive — can alter an employee’s ability to work and thus can impact the victim’s “terms, conditions, or...more

Guam Credit Union to Pay $75,000 to Resolve Sexual Harassment Case with EEOC

HONOLULU, Hawaii - Maite, Guam-based Coast 360 Federal Credit Union will pay $75,000 and furnish other relief to settle a sexual harassment case with the U.S. Equal Employment Opportunity Commission (EEOC), the agency...more

The CIA’s Epic Failure in Protecting Employees: Culture of Accountability Begins with Mandatory Workplace Harassment Training and...

You’ve probably seen the multiple stories and blogs that were published last week on the sad state of the workplace at the CIA. I read this post on the PBS Newshour site, noting that 15 CIA employees were found to have...more

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