Sexual Harassment Anti-Harassment Policies

News & Analysis as of

Jury Awards Ex-Intern $18 million for Attacks by her CEO Boss

In recent headlines, private equity CEO, Benjamin Wey, was found liable for defaming, sexually harassing and retaliating against former New York Global Group Intern Hanna Bouveng. The jury awarded her $2 million in...more

Connecticut Extends Workplace Harassment and Discrimination Protections to Unpaid Interns

On June 22, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute that extends workplace harassment, discrimination and retaliation protection to unpaid interns. Historically, it was unclear whether an...more

City Settles With DOJ Over Extreme Sexual Harassment Claims

Settlement is often the prudent choice when the odds seem stacked against you, and that may be the case for a city which recently settled with the U.S. Department of Justice (DOJ). The DOJ alleged sexual discrimination in...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

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

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

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

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

NJ Supreme Court Backs Employer Defense in Supervisor Harassment Suits

The New Jersey Supreme Court recently ruled that an employer may assert an effective and enforced anti-harassment policy as an affirmative defense in cases brought against the employer alleging that a supervisor engaged in...more

EEOC Files Two Ground-Breaking Cases Equating Transgender Discrimination with Sex Discrimination Under Title VII

On September 25, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) filed two lawsuits on behalf of transgender individuals. These lawsuits, which alleged sex discrimination, are part of the EEOC’s Strategic...more

California Employers Must Now Include Training against "Abusive Conduct" in AB 1825 Sexual Harassment Training for Supervisors

Last week, Governor Brown signed legislation that adds a new component to the required AB 1825 sexual harassment training for supervisors. Starting January 1, 2015, AB 1825 anti-harassment training must also include training...more

Unpaid Interns Are Now Protected Against Discrimination and Harassment

On September 9, 2014, California Governor Jerry Brown signed A.B. 1443, which extends the state’s anti-harassment and anti-discrimination protections to unpaid interns. Employers are now prohibited from discrimination...more

Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held...more

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

Employment Newsletter - March 2014: Practical Tips on Creating an Effective Unlawful Harassment Policy

It has been a long time since the 1991 Clarence Thomas Supreme Court confirmation hearings brought the issue of sexual harassment to the forefront of public consciousness. Hundreds of thousands of unlawful harassment claims...more

New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual...more

Labor Letter, August 2013: Make Your No-Harassment Policy Less Sexy

In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more

Global HR Hot Topic - March 2013: Cross-Border Anti-Harassment Initiatives

Challenge: A “zero tolerance” stand against illegal workplace harassment is laudable in US domestic operations. But wildly differing harassment laws and standards abroad complicate an inflexible global approach to eradicating...more

Textual Harassment Could CRE8 Liability For Employers

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

Just in Time for Valentine’s Day: When Employees Place Bets in the Workplace Dating Pool…

“Love is composed of a single soul inhabiting two bodies.”—Aristotle “The quickest way to a man’s heart is through his chest.”—Rosanne Barr Okay, so, in college I was good friends with this girl on the dorm...more

Understanding and Mitigating Liability for Workplace Romances

Originally published in the New York Law Journal on December 26, 2012. The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there...more

Carrols Restaurant Group, Inc. Settles Longstanding Litigation with EEOC

Carrols Restaurant Group, Inc. (Nasdaq: TAST) today announced that its wholly-owned subsidiary, Carrols Corporation ("Carrols"), has entered into an agreement with the Equal Employment Opportunity Commission (“EEOC”)...more

Healthcare Update - November 2012, No. 4

In This Issue: - NLRB Continues To Set Sights On Healthcare Employers By Jim Kurek (Cleveland): The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare...more

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