News & Analysis as of

Sexual Harassment Hostile Environment Title VII

Harvey Weinstein: beauty and the beastly mogul

by FordHarrison on

Over the last week, the fallout from a New York Times article regarding Harvey Weinstein has been swift and significant. On October 5, 2017, The Times published an explosive story about Hollywood producer and media mogul...more

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

by FordHarrison on

Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

EEOC Sues Bluefield, Va. Restaurant for Sex Harassment and Retaliation

Manager Groped and Propositioned Teenaged Hostess; Then Restaurant Reduced Her Hours After She Complained, Federal Agency Charges - ABINGDON, Va. - A Bluefield, Va., restaurant violated federal law by subjecting a female...more

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur...more

EEOC Sues Golden Corral for Disability, Sexual Harassment and Discharge

Restaurant Violated Federal Law by Permitting a Hostile Work Environment and Forcing an Autistic Employee to Quit to Escape Harassment, Federal Agency Charges - CHARLOTTE, N.C. - Jax, LLC, which operates a Golden Corral...more

Private Prison GEO Group to Pay $60,000 To Settle EEOC Sexual Harassment And Retaliation Lawsuit

Female Correctional Officer Sexually Harassed and Retaliated Against, Federal Agency Charged - PHOENIX, Ariz. - The GEO Group, Inc., operator of the Central Arizona Correctional Facility (CACF) in Florence, Ariz., will pay...more

Workplace Harassment 101

by Conn Maciel Carey LLP on

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more

Stemilt Growers and Ag Services Sued By EEEOC For Sexual Harassment, Retaliation

Federal Agency Alleges Latina Tractor Driver Demoted After Refusing Supervisor's Sexual Advances - SEATTLE -The largest grower of organic tree fruit in the United States, Stemilt Growers, and its integrated business,...more

EEOC Sues Favorite Farms for Sexual Harassment, Including Rape, And Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Conduct, Federal Agency Charges in Lawsuit - TAMPA, Fla. - Favorite Farms, Inc., a farming business growing a variety of produce in Dover, Fla.,...more

6 of One, Half a Dozen of the Other: 10th Circuit Rules Quid Pro Quo and Hostile Work Environment Harassment Theories Aren’t So...

Quid pro quo and hostile environment sex harassment claims—two totally different claims—right? Or are they? While employers draw strict distinctions between these types of sex harassment, courts may not go along, as...more

El Chaparro to Pay $20,000 to Settle EEOC Sexual Harassment Suit

Owner Abused Four Servers at Greensboro Tex-Mex Restaurant, Federal Agency Charges - ATLANTA - El Chaparro, Inc., a Tex-Mex restaurant in Covington, Ga., will pay $20,000 to settle a sexual harassment lawsuit brought by...more

EEOC Sues Keller Paving and Landscaping for Sexual Harassment

Female Truck Driver Forced to Quit Job at North Dakota Company Because of Physical and Verbal Sexual Abuse, Federal Agency Charges - MINNEAPOLIS - A North Dakota civil construction company operating in Minot, N.D....more

EEOC Sues Applebee's Grill and Bar for Sexual Harassment

Assistant Manager at North Myrtle Beach Location Subjected Two Sisters to Sexual Comments and Touching, Federal Agency Charges - FLORENCE, S.C. - Green Apple, LLC, dba Applebee's Grill and Bar, violated federal law when...more

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

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