Sexual Harassment

News & Analysis as of

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

Complaint to Managers Below Level of Alleged Harasser Not Effective Use of Company's Policy

In most circumstances, employers are vicariously liable for sexual or other harassment engaged in by their supervisors. Under the Supreme Court’s Faragher/Ellerth defense, employers can sometimes avoid liability for...more

Nicht jede sexuelle Belästigung berechtigt zur Kündigung

Auch bezogen auf sexuelle Belästigung bestätigt das BAG Rechtsprechung, nach welcher es keine absoluten Kündigungsgründe gibt. In einer umstrittenen Entscheidung hat das BAG (BAG vom 20.11.2014 – 2 AZR 651/13) nun die...more

Several Ounces of Prevention: The New Jersey Supreme Court Reminds Employers of the Importance of Anti-Harassment Policies,...

On February 11, 2015, the New Jersey Supreme Court, in Aguas v. New Jersey, decided three important legal issues regarding employment discrimination claims under the New Jersey Law Against Discrimination (“LAD”). First,...more

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

New Jersey Supreme Court Provides Guidance to Employers Defending Against Certain Supervisory Harassment Claims

On February 11, 2015, the New Jersey Supreme Court for the first time directly addressed and adopted the standard set forth in the U.S. Supreme Court's 1998 decisions in Burlington Industries, Inc. v. Ellerth and Faragher v....more

Love is in the Air (and at the Office)

Ahhh, Valentine’s Day, when love is all around. But if one of Cupid’s arrows lands in your workplace, that warm and fuzzy feeling can quickly turn into headache and indigestion....more

New Jersey high court decision will reshape employer liability in sexual harassment cases

On February 11, 2015, the New Jersey Supreme Court issued a significant sexual harassment decision that offers something positive for both employers and employees. Employers will be happy that the Court has, after...more

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