Sexual Harassment

News & Analysis as of

NY Transit Agencies Escape Vicarious Liability for Contractors Alleged Discrimination

It is not uncommon for companies to contract their daily business operations to third-party companies. In Motta et al v. Global Contact Services, Inc., the court addressed whether such relationships relieve the outsourcing...more

Achiote Restaurant To Pay $27,500 To Settle EEOC Male-On-Male Sexual Harassment / Retaliation Suit

Several Young Mexican-American Males Secretly Videotaped in Men's Room, Federal Agency Charged - SAN DIEGO - A San Ysidro, Calif., restaurant will pay $27,500 and furnish remedial relief to settle a male-on-male class...more

Are Your HR Investigation Notes Protected Against Disclosure? Maybe, Maybe Not.

Just last month, two federal district courts reached different conclusions, further contributing to the confusion as to whether notes taken during a Human Resources department investigation of a discrimination or harassment...more

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

County Fair Farm Settles EEOC Class Sex Harassment and Retaliation Suit

Maine Farm Subjected Farmworkers to Abuse Since 2003, Federal Agency Charged - BOSTON - The federal district court in Portland, Maine has approved a consent decree resolving discrimination litigation brought by U.S....more

EEOC Not Required to Conciliate Class Claims On an Individual Basis

In last year’s Mach Mining decision, the U.S. Supreme Court unanimously held that the Equal Employment Opportunity Commission is required to attempt to settle (“conciliate”) discrimination claims before bringing suit against...more

Mayor de Blasio Signs New Laws Strengthening NYC’s Human Rights Law

On Monday, March 28, 2016, Mayor Bill de Blasio signed several bills (Intros 814-A, 818-A, and 819) amending the New York City Human Rights Law (“NYCHRL”). The amendments strengthen employee protections by changing existing...more

The Rise of “Reverse Title-IX” Lawsuits – Do Colleges and Universities Have Anything to Fear?

Recently, Judge Gregory Woods of the Southern District of New York dismissed a Title IX lawsuit against Columbia University, asserting “reverse Title-IX” lawsuits do not constitute sex-based discrimination....more

Recent Cases Suggest Colleges and Universities Should Review Their Employee-On-Employee Sexual Harassment Policies

Just this past month, another Title IX lawsuit was filed against Columbia University (“Columbia”). This time, however, it involved the sexual harassment of an untenured professor by her mentor, a tenured professor....more

California Employers: New Requirements In Effect April 1, 2016. Is Your Harassment/Discrimination Policy Ready?

On April 1, 2016, recent changes by the California Fair Employment and Housing Council to the regulations implementing the state’s Fair Employment and Housing Act (FEHA) took effect. Among the changes are an expanded training...more

New California Regulations Regarding Discrimination, Harassment and Pregnancy Disability Leave

New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations went into effect on April 1, 2016.  The substantive law regarding these issues has not changed.  However, the new amendments...more

Amended California FEHA Regulations Take Effect on April 1 and Impose New Requirements on Employers

On April 1, 2016, amendments to California's Fair Employment and Housing Act (FEHA) regulations, dealing with the prevention of discrimination, harassment and retaliation, go into effect. The amendments place an affirmative...more

Erin Andrews Jury Sends Hoteliers a $55 Million Reality Check

“Privacy law” continues to evolve in the face of ever-advancing technology. Legislative bodies, administrative agencies, courts, tech companies, and a host of other interests are working to innovate, keep pace with, or catch...more

“Lighten Up, Baby,” And Other Harassment “Best Practices” For Employers

Many employers ask me: “Robin, what are your ‘best practices’ for workplace sexual harassment?” I’m glad you asked! No. 1: Be sure that your policy on sexual harassment is boring and legalistic. The entire legal...more

New Anti-Harassment and Discrimination Regulation Sends California Employers Scrambling to Revise Policies and Practices by April...

Just as we thought it was safe to put away our handbooks and policies until 2017, California lawmakers threw a last minute zinger at employers. Effective APRIL 1, 2016, a new regulation under California’s Fair...more

The New California Regulations Part III Sexual Harassment and Abusive Conduct Training

The California Office of Administrative Law recently approved regulations drafted by the California Fair Employment and Housing Council. These new regulations, covering the entire gamut of employment law topics within the...more

Employment Law Reporter - March 2016

On April 1st, new regulations adopted under the Fair Employment and Housing Act (FEHA) take effect that require California employers of at least 5 individuals to develop written discrimination, harassment, and retaliation...more

Amendments to FEHA Regulations Effective April 1, 2016

On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case...more

Have You Trained Your Supervisors on Wage & Hour Compliance?

When sexual harassment lawsuits started becoming a major liability issue for employers, many employers sensibly responded by requiring their supervisory employees to go through mandatory anti-harassment training. There is at...more

Truckin’ To The Top Court: CRST Files Final Reply Brief Before Supreme Court Argument Against EEOC

In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this...more

ABC Phones of North Carolina Sued by EEOC for Same-Sex Harassment

Female Sales Consultant Was Subjected to Unwelcome Sexual Comments and Groping by Female Co-Worker, Federal Agency Charges - WILMINGTON, N.C. - ABC Phones of North Carolina, Inc. dba A Wireless, a Greenville, N.C.,...more

This Is Not a Prank: California’s New Amended FEHA Regulations Are Effective April 1

California’s Fair Employment and Housing Act (“FEHA”) prohibits harassment and discrimination in the workplace that is based on one or more of the categories commonly protected by local, state and federal discrimination laws....more

Employment Law Navigator – Week in Review: March 2016 #2

Last week at the SHRM Legislative Conference, EEOC Chair Jenny Yang both praised and cautioned employers in talking about HR technology. In particular, Chair Yang said that some technology can reduce bias in the workplace,...more

Did You Know…New FEHA Regulations Take Effect April 1

The Fair Employment and Housing Council’s amendments to its Fair Employment and Housing Act (“FEHA”) Regulations take effect April 1, 2016. The amended regulations cover a wide range of topics.  Listed below are...more

Amended California FEHA Regulations Take Effect April 1, Impose Detailed Anti-Harassment and Anti-Discrimination Policy...

Recent Amendments to California’s Fair Employment and Housing Act (FEHA) Regulations go into effect on April 1, 2016. These amendments include: - ..Detailed requirements for mandatory written harassment, discrimination,...more

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