Sexual Harassment

News & Analysis as of

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

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

Charlotte Security Provider to Pay $155k to Settle EEOC Same-Sex Sexual Harassment/Retaliation Suit

Male Supervisor Subjected Male Employees to Sexual Touching and Comments, Federal Agency Charged - CHARLOTTE, N.C. - Metro Special Police & Security Services, Inc., a Charlotte-based provider of private security and...more

The Employment Law Authority - May/June 2014

In This Issue: - Immigration. New proposal aimed at attracting highly-skilled immigrants. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. J. Hamilton Stewart and Matthew...more

SunTrust Bank to Pay $300,000 to Settle EEOC Sexual Harassment Lawsuit

Female Employees at Sarasota Branch Subjected to Repeated Physical and Verbal Harassment, Complaints Ignored, Federal Agency Charged - TAMPA, Fla. - SunTrust Bank, a large regional bank, will pay $300,000 and furnish...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 25: The Rise in Frequency of Retaliation...

When considering Title VII complaint statistics, it is usually assumed that race discrimination or sexual harassment claims would be the most frequent charge. Since 2009, however, a different claim became the statistical...more

General Assembly Approves New Laws for Illinois Employers

As the legislative session drew to a close at the end of May, the Illinois General Assembly approved several new laws that will affect Illinois employers beginning January 1, 2015. The laws are now awaiting approval by...more

Sexual Harassment Training: Applications in Life Outside of Work

If you’ve been following the tragedy in Santa Barbara, you’re likely already aware of the #YesAllWomen movement that’s been launched on Twitter. The stories are just heartbreaking. If you’ve missed the story, Elliott Rodger...more

Important Changes Coming for Illinois Employers

Beginning January 1, 2015, Illinois state law may require Illinois employers employing one or more employees to provide "reasonable accommodations" to part-time and full-time employees, probationary employees, new employees,...more

Basta Pasta to Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Subjected Female Employees, Including at Least One Teen, to Severe Abuse and Fired a Manager Who Opposed the Misconduct, Federal Agency Charged - BALTIMORE - SPOA, LLC and Marathos, LLC, which run the...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 21: From The Courts To Pop Culture —...

It is tough to determine the precise moment that sexual harassment went from something that Hollywood “did” (the ubiquitous “casting couch”) to something that Hollywood exploited as story-line. But over the five decades of...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 18: When Is An Employer Liable For...

Although Title VII was passed in 1964, it wasn’t until 1998 that the United States Supreme Court handed down two significant decisions in the companion cases of Faragher v. Boca Raton, 524 U.S. 775 (1998) and Burlington...more

Sex at work: test your knowledge!

The correct answer is “NO, because the relationship is consensual, so no ‘harassment’ is involved.” People are always surprised at this answer, but the courts generally take the position that favoritism based on a consensual...more

Sexual Harassment Training and the Importance of Subtlety

“So what do you do? Where do you work?” These are questions that you’ll inevitably hear some variation of at any networking event. This week I attended the Digital Summit in Atlanta, a conference for digital marketers of all...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

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