News & Analysis as of

Sexual Harassment Hostile Environment Title VII

Florida Employers: What if There's a Bill O'Reilly in Your Workplace?

by Rumberger Kirk & Caldwell on

Just as some business and organization leaders thought that the culture of a diverse workplace thriving on respect and dignity was deeply entrenched, along comes allegations against a well-known name like Bill O’Reilly...more

Court Uses Novel Issue Certification Device To Sidestep Individualized Issues Otherwise Precluding Class Certification

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A group of female truck drivers sued their employer for policies allegedly resulting in a hostile work environment for and retaliation against women who complained of sexual harassment on the job. Under...more

Repeated "Friendly" Hugs and Kisses Can Rise to the Level of Actionable Sexual Harassment

Some people are naturally more affectionate than others. Most people have friends or acquaintances who go for hugs when a handshake is all that you expect. In the workplace, these personality types can clash, and “huggers”...more

Employment Law - March 2017

Future of DOL's White Collar Overtime Rule Remains Unclear - Why it matters - The uncertainty surrounding the Department of Labor's (DOL) white collar overtime rule continues, with the agency requesting more time to...more

Hug It Out at Work? Maybe Not in the Ninth Circuit

When does workplace hugging go too far? The Ninth Circuit Court of Appeals recently weighed in with an opinion. Victoria Zetwick, a county correctional officer, based her Title VII hostile work environment suit almost...more

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

by Franczek Radelet P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

by McNees Wallace & Nurick LLC on

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...more

The Continuing Expansion of Sexual Harassment Training Requirements in California

by Littler on

A dozen years ago, the passage in California of Assembly Bill (AB) 1825 began required sexual harassment prevention training for supervisors in companies with 50 or more employees.  Since then, California has led the nation...more

Faragher/Ellerth defense used to defeat Oklahoma Anti-Discrimination Act claim

by McAfee & Taft on

As a recent ruling by the U.S. Court of Appeals for the Tenth Circuit shows, the same employer defenses used to defeat Title VII discrimination claims can also be used to defeat claims under the Oklahoma Anti-Discrimination...more

Mayflower Seafood of Goldsboro Agrees To Pay $81,500 To Settle EEOC Sexual Harassment Lawsuit

Server/Cashier at Restaurant Subjected to Sexual Harassment and Then Retaliation for Complaining About It, Federal Agency Charged - RALEIGH, N.C. - A Goldsboro, N.C., seafood restaurant will pay $81,500 and furnish other...more

Security Firm To Pay $115,000 To Settle EEOC Retaliation Suit

Guardsmark Fired Security Guard Working at Michigan Client Location For Opposing Sexual Harassment, Federal Agency Charges - DETROIT - Security giant Guardsmark has agreed to pay $115,000 and to provide other relief to...more

EEOC Sues T-N-T Of York County, Inc. And Tm Trucking of The Carolinas, LLC For Racial Harassment

Owner Constantly Harassed Black Employees, Forcing Many to Quit, Federal Agency Charges - ROCK HILL, S.C. - Two interconnected South Carolina trucking companies violated federal law when they subjected black employees to...more

Windsor Inn Will Pay $200,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Owner Harassed Female Employees, Federal Agency Said - BALTIMORE - A Baltimore restaurant, R.V. Associates Limited, doing business as Windsor Inn, will pay $200,000 and furnish significant equitable relief to...more

Supreme Court Leaves Massive Attorney's Fee Award Against EEOC Unresolved

by Fisher Phillips on

But Decision Could Still Be Helpful For Employers - Today, in a unanimous 8-0 decision, the U.S. Supreme Court declined to issue a definitive ruling on whether an employer is entitled to recover nearly $5 million dollars...more

Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

by Littler on

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately...more

Repeated Touching Enough to Justify Same-Sex Harassment Verdict

Plaintiffs seeking compensation for sexual harassment must demonstrate that they were subjected to a hostile and offensive working environment. Plaintiffs in same-sex harassment claims have the additional burden of proving...more

Memphis Cheddar’s Settles EEOC Sexual Harassment Lawsuit for $450,000

Male Managers at Memphis Restaurant Sexually Harassed a Class of Female Employees, Federal Agency Charged - MEMPHIS - Mint Julep Restaurant Operations, LLC, an independent restaurant company and franchisee of the casual...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

EEOC Files Suit Against McWhite Funeral Home for Sexual Harassment and Retaliation

Owner Subjected Female Employees to Unwanted Touching, Overtures and Retaliated Against Women Who Did Not Acquiesce, Federal Agency Charges - MIAMI - A Fort Lauderdale, Fla., funeral home violated federal law by...more

VXI Global Solutions To Pay $600,000 For Sexual Harassment Of Call Center Staff

EEOC Settlement Resolves Claims for African American and Latino Employees Who Were Targets of Constant Sexual Propositions, Graphic Pictures, & Foul Language - LOS ANGELES - VXI Global Solutions, a provider of call...more

EEOC Wins Jury Verdict of over $17 Million for Victims of Sexual Harassment and Retaliation at Moreno Farms

Florida Farm Managers Subjected Women Workers to Coerced Sex, Groping and Verbal Abuse, Then Fired Them for Objecting, Federal Agency Charged - MIAMI -- A federal jury has returned a unanimous verdict awarding a total of...more

Hostile Work Environment: Playing Defense to Offensive Workplace Conduct

by Pepper Hamilton LLP on

A hostile environment can result from the unwelcome conduct of supervisors, co-workers, customers, contractors or anyone else with whom the victim interacts on the job when the unwelcome conduct renders the workplace...more

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

by Hinshaw & Culbertson LLP on

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

Sexualized Conduct Absent Sexual Desire Not Actionable Harassment Under Title VII

In its Oncale decision, the U.S. Supreme Court agreed that same sex sexual harassment is actionable under Title VII. However, the Court qualified this decision by stating that the harassment must be motivated by sexual...more

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