News & Analysis as of

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

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

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

New Government Contractor Regulations Define and Prohibit Workplace Sexual Bias - The Guidelines Are in Fact Requirements for...

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has proposed the first major substantive changes to its Sex Discrimination Guidelines in more than 40 years. The new regulations are significant...more

Media Company Charged with Frat House Atmosphere in Sexual Harassment Suit

A nationwide media company is facing a sexual harassment lawsuit claiming the "adult frat house" culture of its southern California office contributed to multiple instances of sexual harassment by male employees against...more

New Workplace Harassment Training Challenges (And How to Tackle Them)

Workplace harassment is a decades-old problem that, frustratingly, takes on new forms and new life each year. Harassment and discrimination (including gender, age, disability, religion and racial workplace discrimination)...more

The Employee Zone Of Privacy

Employers should recognize an employee’s zone of privacy in the workplace. Business owners and managers need to understand that while they have their employees’ attention for much of the workday, there are limits. An employer...more

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

ACM Services to Pay $415,000 to Settle EEOC Class Race, Gender Discrimination and Harassment Suit

Contractor Shunned Blacks and Women for Jobs, and Harassed and Fired Two Women for Opposing the Discrimination, Federal Agency Charged - BALTIMORE - ACM Services, Inc., a Rockville, Md.-based environmental remediation...more

Toxic Work Cultures are (Really, Really) Bad for Business: Tech Sector Missteps Serve as Reminders for Us All

Rarely do we see an industry of professionals engage in misconduct as egregious as what we are seeing today in the tech sector. The intoxicating cocktail of power, money and prestige has combined to put many female...more

Sexual Harassment Trends In The Legal Industry: Policy Enforcement & Targeted Sexual Harassment Training Are Key

We talk about sexual harassment a lot on our team. It’s not all that surprising – most of the members of our marketing staff are women, and sexual harassment is at the root of huge corporate settlements every year. Yet up...more

New Laws Affecting California Employers

The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide arbitration data on their websites, in a...more

Stop Picking On Me: California Expands Required Managerial Training to Include Anti-Bullying

The Solution: Although the new law does not take effect until January 2015, employers should ensure that their managers receive training that encompasses both the previously required sexual harassment-related topics, as well...more

EEOC Sues County Fair Farm for Sexual Harassment

Federal Agency Charges County Fair Farm With Subjecting Female Farmworkers to Groping, Verbal Abuse, Solicitations for Sex - BOSTON -- County Fair Farm, a farm and produce wholesaler located in Jefferson, Maine,...more

Fenwick Employment Brief - October 2014

New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

“An employee does not necessarily get one free sexual harassment before he loses his job”, says arbitrator in upholding dismissal...

An arbitrator has upheld the dismissal of a unionized employee for one incident of sexual harassment and threats on Facebook. After an incident at work in which the grievor was displeased with “X”, a female co-worker,...more

EEOC Sues AutoZone for Sexual Harassment

Tennessee Store Manager Repeatedly Subjected Female Employees to Lewd Comments and Propositioning, Federal Agency Charges - MEMPHIS - AutoZone, a major nationwide retailer of automotive replacement parts and...more

EEOC Sues Texas Roadhouse for Sexual Harassment and Retaliation

Restaurant Manager Subjected Class of Females, Including Teens, to Abuse Including Sexual Selection, Federal Agency Charges - CLEVELAND - East Columbus Host, LLC, dba Texas Roadhouse and Ultra Steak, Inc., violated...more

EEOC Sues VXI Global Solutions for Systemic Sexual Harassment of Call Center Staff

Supervisors Openly Subjected Both Female & Male Staff to Constant Sexual Propositions, Graphic Pictures, Foul Language & Groping, Says Federal Agency - LOS ANGELES - VXI Global Solutions, a provider of call center...more

EEOC Sues ACM Services for Refusing to Recruit or Hire African-Americans and Women

Contractor Also Harassed Two Women and Fired Them Because They Opposed Unlawful Harassment and Discrimination, Federal Agency Charges - BALTIMORE - ACM Services, Inc., a Rockville, Md.-based environmental remediation...more

California Expands Mandatory Harassment Training to Include “Bullying” Prevention

California Governor Jerry Brown signed AB 2053 into law this month amending Government Code Section 12950.1 to require employers to address “abusive conduct” in their mandatory workplace sexual harassment prevention training....more

No One Likes A Bully: New California Law Mandates Anti-Bullying Training In The Workplace

On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment training and education. As a...more

O’Reilly Automotive Consents to Early Entry of Decree Resolving EEOC Sexual Harassment Suit

Male Employee Was Physically Groped and Verbally Harassed by Female Manager, Federal Agency Charged - CHICAGO - O'Reilly Automotive Stores, Inc., a national company with over 4,000 stores, will pay $35,000 under a...more

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