News & Analysis as of

Sexual Harassment Supervisors

“Not My Employee, Not My Problem.” Oh, Yeah?

Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays...more

Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a...more

Fox News Lawsuits Highlight Importance of Workplace Culture

by Foley & Lardner LLP on

Employers should take note of the position Fox News is in due to the proliferation of recent lawsuits against the network by numerous current and former employees. To be clear and fair, the lawsuits only involve allegations...more

Employer liable for off-duty murder?

by McAfee & Taft on

Companies often assume they are not responsible for interactions between employees that happen off-site after hours and that are unrelated to their jobs. However, if a supervisor and a subordinate are involved and the...more

Is Your Anti-Harassment Training Making the Grade?

by Miller & Martin PLLC on

If your initial response to this question is, "What anti-harassment training? Are we still supposed to be doing that? Isn't that kind of 'old school'?", your first step needs to be planning anti-harassment training in 2017....more

March Grabness: Lessons from the (Basketball) Court: Avoiding Personal Fouls, Violations and Time Outs in the Workplace

Harassment has long been an Achilles’ heel of the workplace. Believe it or not, like the NCAA’s tournament TV ratings, the number of harassment-related lawsuits has held rather steady since the 1990s! And like most NCAA...more

South County Support Services & Southwest Transportation Agency Voluntarily Settles EEOC Charge for $90,000

Company Discharged Employee After She Reported Harassment, Federal Agency Charges - FRESNO, Calif. - Caruthers, Calif.-based companies South County Support Services and Southwest Transportation Agency will pay $89,691...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

Fourth Circuit Tosses Sexual Harassment Claim Based on Failure of Employee to Report Supervisor's Conduct

When a supervisor engages in sexual harassment in violation of Title VII, the employer can be held vicariously liable for the action even if it takes immediate steps to end the harassment once it learns of the conduct....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

Potato Packing Companies to Pay $450,000 to Settle EEOC Suit for Sex Harassment and Retaliation

At Least 13 Women at Monte Vista Plant Physically and Verbally Abused and Three Fired for Refusing to Submit or Complaining, Federal Agency Charged - DENVER - Two potato packing companies will pay $450,000 and furnish...more

Empacadoras de Papas Pagaran $450,000 Para Resolver Demanda de Discriminación por Acoso Sexual y Represalias

Por lo menos 13 Mujeres en la Planta de Monte Vista Fueron Abusadas Física y Verbalmente y Tres Despedidas Por Rechazar Avances o Quejarse, Alega la Agencia Federal - DENVER - Dos empacadoras de papas pagarán $450,000...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

A Reminder: Employers Must Train Supervisors on the Prevention of Abusive Conduct

by Ervin Cohen & Jessup LLP on

Assembly Bill 2053 expanded the existing requirement for sexual harassment training under Government Code section 12950.1 to include training on the prevention of abusive conduct. Effective January 1, 2015, the law applies to...more

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

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

by Ballard Spahr LLP on

The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

New Jersey Supreme Court Provides Guidance to Employers Defending Against Certain Supervisory Harassment Claims

by Littler on

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

Policing the workplace: Are you my supervisor?

by McAfee & Taft on

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

“Locker Room” Talk In All-Male Workplace Sexual Harassment, Fifth Circuit Rules

by Hinshaw & Culbertson LLP on

In this space, we have reported recently on the series of rebuffs that the EEOC has received from various courts in recent months. But in EEOC v. Boh Brothers Construction Company, the Fifth Circuit Court of Appeals handed...more

Fifth Circuit Hands Win to EEOC in Same-Sex Harassment

by Baker Donelson on

The EEOC won a significant victory on September 30, 2013, as the United States Court of Appeals for the Fifth Circuit, sitting en banc, reinstated a jury verdict finding that the defendant, Boh Brothers Construction...more

"Boys will be Boys" A Risky Employment Policy

by Jackson Walker on

In a 10-6 decision following en banc review, the United States Court of Appeals for the Fifth Circuit recently decided, in Equal Employment Opportunity Commission v. Boh Brothers Construction Co. L.L.C., that an iron worker...more

Zoria Farms and Z Foods Sued by EEOC for Sexual Harassment and Retaliation

Dried Fruit Producer Fired a Class of Workers Who Protested the Widespread Abuse by Supervisors, Federal Agency Charges - FRESNO, Calif. - Z Foods, Inc., doing business as Zoria Farms, and its predecessor company,...more

New Jersey Supreme Court Takes Broad View Of Protected Complaints Under NJLAD, But Narrow View Under CEPA

On July 17, 2013, the New Jersey Supreme Court held that a plaintiff need not demonstrate an actual violation of the New Jersey Law Against Discrimination (NJLAD), let alone an identifiable victim, to prove a claim of...more

A New Supreme Court Decision Helps Employers in Harassment Cases

by Butler Snow LLP on

The United States Supreme Court’s decision in Vance v. Ball State just made it easier for employers to defend against some Title VII harassment lawsuits. In a 5-4 decision, the Court rejected the harassment claims brought by...more

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