Sexual Harassment Hiring & Firing

News & Analysis as of

Fourth Circuit Adopts the Joint Employer Test for Title VII Claims

Who's The Boss? - In Butler v. Drive Auto. Indus. of Am., Inc., the Fourth Circuit Court of Appeals (which has jurisdiction over North and South Carolina) joined the majority of federal appellate courts in holding that...more

Supervisor Told Employee Patient Abuse 'Comes with the Territory'

An employee responsible for drawing blood from nursing home patients was racially and sexually harassed by one of the patients. When she complained, her supervisor told her that “it comes with the territory” and “you just...more

That is SO last week - August 2015

Last week, the world mourned Cecil the Lion, and all eyes were on the Minnesota dentist who killed him. The scrutiny of the dentist unearthed, among other things, a sexual harassment complaint lodged against him by a former...more

The Sixth Circuit Finds Complaints to Harassing Supervisor Constitute Protected Activity Under Title VII

A recent U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”) decision could have major implications for employers within its jurisdiction. In EEOC v. New Breed Logistics, No. 13-6250, 2015 U.S. App. LEXIS 6650, the...more

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more

It’s Not Just the DOL That Thinks You May Have More Employees

Just last week, the DOL provided guidance about people treated as independent contractors, but who may really be your employees. That is just part of the trend. Another way you may have “extra” employees is through joint...more

That is SO last week - July 2015 #4

Last week, the Equality Act was introduced in Congress. If enacted, this historic legislation will prohibit discrimination in employment and other life activities on the basis of sexual orientation and gender identity. It’s...more

Evolutions légales et jurisprudentielles en matière de santé au travail – 1er semestre 2015

Les problématiques relatives au burn-out et à la pénibilité au travail ont constitué, au 1er semestre 2015, des sujets majeurs en matière de santé au travail. En effet, des évolutions législatives en la matière,...more

Savannah Toyota to Pay $30,000 to Settle EEOC Sexual Harassment Lawsuit

Federal Agency Says Company Terminated Employee After She Refused to Have Sex With Supervisor - ATLANTA - Coastal Motors, Inc., d/b/a Savannah Toyota, will pay $30,000 to settle a sexual harassment lawsuit brought by...more

Wacky Employee Claims: What Employers Can Learn From Outlandish Situations

Think you've heard every cautionary workplace tale? Believe it or not, you probably haven't – the real question is, how prepared are you to handle wildly unusual complaints, extreme accommodation requests, and highly awkward...more

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Daimler Trucks North America Agrees to Pay $40,000 in EEOC Retaliation Lawsuit

Company Fired Female Employee for Complaining About Sexual Harassment, Federal Agency Charged - CHARLOTTE, N.C. - Daimler Trucks North America, LLC, a Delaware corporation that operates a manufacturing plant in Mt....more

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

USDC Weighs in on Tortious Interference

True love had unintended consequences, resulting in the case of Stradtman v. Republic Services, which remains pending in the United States District Court for the Eastern District of Virginia. Shortly after Stephen...more

Australia: Tribunal Defines "Place of Work" for Off-Duty Misconduct Purposes, Finds Unfair Dismissal Due to Procedurally Defective...

Australia's Fair Works Commission ("FWC") recently handed down its decision in Keenan v. Leighton Boral Amey Joint Venture. In this case, the FWC defined "place of work" with respect to an employee's off-duty conduct, and...more

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

Zoria Farms to Pay $330,000 for Sexual Harassment, Retaliation Against Farmworkers in EEOC Suit

Dried Fruit Processor Supervisors Sexually Harassed Latina Farmworkers, Then Fired Those Who Complained, Federal Agency Charged - FRESNO - Zoria Farms, which once operated one of the largest processors of dried fruits...more

Proposed Regulations and Guidance Issued for Executive Order on Fair Pay and Safe Workplaces

Although the regulations are not final and may change, government contractors should take steps now to prepare for the anticipated final regulations under the Executive Order. On May 28, the Federal Acquisition...more

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

In a Win for Employees, Fourth Circuit Finds That Two Racial Slurs May Support Harassment Claim

The Fourth Circuit Court of Appeals recently made two noteworthy rulings in a single case concerning sexual harassment and retaliation under Title VII. First, as it relates to sexual harassment, the Court found that two...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

6th Circuit: Telling Supervisor to Stop Harassing Conduct Is Protected Activity Under Title VII

A company cannot fire an employee in retaliation for complaining to supervisors about sexual harassment, the Sixth Circuit recently held in Equal Employment Opportunity Commission v. New Breed Logistics, No. 13-6250 (6th Cir....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

Illinois Employers Will Need To Comply With Several New Laws That Take Effect In 2015

The Job Opportunities for Qualified Applicant Act: Commonly referred to as the "ban-the-box” law, employers with 15 or more employees cannot consider or inquire into an applicant’s criminal record or history until: (a) the...more

New Illinois Employment Laws Taking Effect January 1, 2015

Along with decorations, holiday feasts, and other merriment, employers in Illinois get to celebrate the close of another year by updating their policies and practices to comply with several recently enacted laws that will...more

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