News & Analysis as of

New York Votes to Protect Unpaid Interns from Discrimination

On March 26, 2014, the New York City Counsel voted unanimously to amend the New York City Human Rights Law (the “NYCHRL”) to allow unpaid interns to sue for harassment and discrimination. The bill was likely drafted in...more

Policing the workplace: Are you my supervisor?

A recent Tenth Circuit Court of Appeals case involving the rape of an employee by her superior clarifies the Tenth Circuit’s case law on when an individual is considered a “supervisor,” and also provides a cautionary tale for...more

Employment Law

Same-Sex Harassment Suits Yield Sizable Settlements - Why it matters: Same-sex sexual harassment made headlines recently after the Equal Employment Opportunity Commission reached settlements with two different...more

March 2014 California Employment Law Notes

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more

Title IX: Responding To Sexual Harassment And Violence Incidents

Confronting these emotionally laden, incendiary events requires an even-handed and fearless approach - A senior administrator recently described the issues related to sexual misconduct as a dormant volcano that lies...more

California Appellate Court Holds Substantial Motivating Factor Required In Wrongful Termination Case

Mendoza v. Western Medical Center Santa Ana, G047394 (January 14, 2014): A California Court of Appeal recently held that a retrial is necessary in the case of a gay nurse who was fired after his employer investigated his...more

California Court of Appeal Affirms That It Pays To Be the Squeaky Wheel

In a time when California courts are busier than ever, the California Court of Appeal recently did double duty by issuing an opinion that both decided an issue of first impression in California and implicitly approved Senate...more

7 Tips For Responding to Title IX Complaints

In 2014, the Department of Education’s Office for Civil Rights (OCR) will continue to ramp up its Title IX enforcement efforts. Accordingly, universities should carefully review their anti-discrimination and anti-harassment...more

New Year, New Employment Laws

With the New Year comes a number of new laws, including several that will affect California employers. Employers should include on their list of resolutions a review of the company’s policies and procedures to ensure...more

Serving Alcohol At Your Holiday Party

We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in...more

The Employment Law Authority - November/December 2013

In This Issue: - Harassment. Are your executive training programs effective? - State Round-Up. Learn about the latest employment law news in your state - Unions. Harold Coxson and Baker Wyche discuss the new...more

No Harassment, No Problem: Idaho Court Holds Harassing Comments May Still Support Liability for Negligent Infliction of Emotional...

A November 27, 2013 opinion from the Idaho Supreme Court reinstated a former Assistant Vice Principal’s claim seeking damages for negligent infliction of emotional distress. This decision highlights that allegedly harassing...more

EEOC Sues Taboo 2 Bar & Bistro for Sexual Harassment

Roswell Restaurant/Nightclub Manager Harassed Waitresses and Forced Them to Quit, Federal Agency Charged - ATLANTA -A popular Atlanta-area restaurant/nightclub violated federal law by subjecting female servers to a...more

Proposed New York Law Would Extend State Anti-Discrimination Protections to Unpaid Interns

A new bill introduced in the New York State Senate would extend many of the protections of the New York State Human Rights Law (NYSHRL) to unpaid interns. Among other things, the bill would make it illegal for employers to...more

Unpaid Interns Not Entitled To Protection From Sexual Harassment Under New York City Law

A federal judge in the Southern District of New York ruled earlier this month that a former intern was not entitled to pursue her claim for sexual harassment under the New York City Human Rights Law (the “NYCHRL”) because she...more

12 New Laws California Employers Need To Know

California Governor Jerry Brown has recently signed into law numerous bills that will impact California employers. The most notable new California statutes, and one new San Francisco Ordinance, are summarized below. All...more

EEOC Settlement Reminds Employers of Responsibility to Protect Employees from Harassment by Third Parties

A Virginia healthcare company, Southwest Virginia Community Health System, recently agreed to pay $30,000 to settle a sexual harassment suit brought against it by the Equal Employment Opportunity Commission (EEOC). The EEOC...more

Southwest Virginia Community Health System to Pay $30,000 to Settle EEOC Sexual Harassment Suit

Troutdale Clinic Receptionist Abused by Patient, Federal Agency Charged - ROANOKE, Va. - Saltville, Va.-based Southwest Virginia Community Health System, Inc. (SVCHS) will pay $30,000 to settle a sexual harassment...more

Unpaid Interns One Step Closer to Receiving Protection Against Discrimination in New York

Last week we reported on a decision out of a New York federal district court refusing to extend the protections of the New York City anti-discrimination law to unpaid interns. That decision also confirmed that neither the...more

Interns and Anti-Discrimination Laws: Is Wang Employers’ High-Water Mark?

So you may have heard – a federal court in New York has dismissed an unpaid intern’s hostile work environment sexual harassment claim against a media company pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

Unpaid Internships Under Scrutiny

The controversy surrounding unpaid internships is increasingly in the news. Reports of interns filing wage and hour class actions in, for example, The New York Times and PBS's NewsHour, have highlighted an often-unnoticed...more

Open Season on Interns? What Are the Real Take-Aways from Wang?

So you may have heard – a federal court in New York has dismissed an unpaid intern’s hostile work environment sexual harassment claim against a media company pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

Can Unpaid Interns Sue For Sexual Harassment? New York Court Says No Under City Law

On October 3, 2013, the U.S. District Court for the Southern District of New York dismissed an unpaid intern’s hostile work environment, quid pro quo sexual harassment, and retaliation claims brought under the New York State...more

Angelo's Pizza & Grill Settles EEOC Sexual Harassment Lawsuit for $35,000

Upstate Restaurant Subjected Seven Women to Groping, Offensive Sexual Comments and Retaliation, Federal Agency Charged - BUFFALO, N.Y. - Angelo's Pizza and Grill, Inc. and Kefalas Enterprises, Inc., the former and...more

EEOC Sues Wells Fargo for Same-Sex Sexual Harassment

Female Manager Sexualized Workplace, Employee Forced to Quit to Escape, Federal Agency Charges - RENO, Nev. -Wells Fargo Bank, N.A. violated federal law when it allowed a manager and employee to create a sexually...more

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