Sexual Harassment Title VII

News & Analysis as of

Holiday Systems Voluntarily Settles EEOC Sex Harassment & Retaliation Charges After Agency Finds Violation

LAS VEGAS - Holiday Systems International, a Las Vegas-based travel wholesaler, has agreed to settle alleged sex harassment and retaliation charges filed with the U.S. Equal Employment Opportunity Commission (EEOC), the...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

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

City Settles With DOJ Over Extreme Sexual Harassment Claims

Settlement is often the prudent choice when the odds seem stacked against you, and that may be the case for a city which recently settled with the U.S. Department of Justice (DOJ). The DOJ alleged sexual discrimination in...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

Must Schools Protect Teachers from Bullying by Students Online?

A lawsuit filed by a California teacher against the school district where she works puts a new spin on an old problem. As the National School Boards Association reported, the suit, filed last week by Amy Sulkis in the Los...more

Fourth Circuit Affirms Continued Validity of McDonnell-Douglas Test Following Supreme Court Decision

In Foster v. University of Maryland-Eastern Shore, the Fourth Circuit recently made clear that the McDonnell-Douglas test is alive and well, rejecting a District Court’s decision which had attempted to back away from the...more

Proposed Labor Violation Reporting Rules Target Government Contractors

Proposal makes agency allegations of employment law violations reportable events that could result in denial of federal contracts or termination of existing contracts. Executive Order 13673 (the Order), signed by US...more

Religious Institutions Update: May 2015

Religious institutions commonly keep ministry supporters and members abreast of developments through newsletters, correspondence and other communications. Sometimes, the developments reported are embarrassing to those...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

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...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

Employment Client Alert: Punitive Damages Award in Title VII Sexual Harassment Case Does Not Violate Due Process

In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more

ACM Services to Pay $415,000 to Settle EEOC Class Race, Gender Discrimination and Harassment Suit

Contractor Shunned Blacks and Women for Jobs, and Harassed and Fired Two Women for Opposing the Discrimination, Federal Agency Charged - BALTIMORE - ACM Services, Inc., a Rockville, Md.-based environmental remediation...more

EEOC Files Two Ground-Breaking Cases Equating Transgender Discrimination with Sex Discrimination Under Title VII

On September 25, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) filed two lawsuits on behalf of transgender individuals. These lawsuits, which alleged sex discrimination, are part of the EEOC’s Strategic...more

Fifth Circuit Allows Title VII Suit Against Franchisor to Proceed Even Though It Was Not Named in EEOC Charge

In order to sue under Title VII, plaintiffs must first file an administrative charge of discrimination against their employer with the Equal Employment Opportunity Commission. In many cases, the charge misnames the actual...more

Retail Chain Sued for Sex Discrimination After Customer Stalks Employee

Sexual harassment in the workplace is typically committed by a supervisor or co-worker. However, employers may be liable for sex discrimination if the harasser is a client or customer. Recently, the U.S. Equal Employment...more

EEOC Sues Texas Oilfield Services Company for Retaliation

Garrison Contractors Fired Its Only Female Oilfield Roustabout After Reporting Sexual Harassment, Federal Agency Charges - DALLAS - An Iraan, Texas oilfield construction and services company violated federal...more

EEOC Sues VXI Global Solutions for Systemic Sexual Harassment of Call Center Staff

Supervisors Openly Subjected Both Female & Male Staff to Constant Sexual Propositions, Graphic Pictures, Foul Language & Groping, Says Federal Agency - LOS ANGELES - VXI Global Solutions, a provider of call center...more

Superior Electric to Pay $55,000 to Settle EEOC Sex Harassment and Retaliation Lawsuit

Company to Institute Training and Procedures to Prevent Future Discrimination - CHEYENNE, Wyo. - Cheyenne company Superior Electric, Inc. will pay $55,000 and furnish other relief to settle a sexual harassment and...more

EEOC Sues Windmill Farms Nursery and Moreno Farms for Sexual Harassment

Farmworker Women Subjected to Rape, Coerced Sex, Groping and Verbal Abuse, Federal Agency Charges in Two Separate Lawsuits - MIAMI - The U.S. Equal Employment Opportunity Commission (EEOC) filed two separate sexual...more

Sal's Mexican Restaurant Settles EEOC Sexual Harassment Charge Involving a Teenager

FRESNO - Sal's Mexican Restaurant in Fresno, Calif., has settled a sexual harassment charge with the U.S. Equal Employment Opportunity Commission (EEOC) for $15,000, the federal agency announced today. The EEOC had charged...more

NLRB Divides Sharply on Employee Concerted Activity for “Mutual Aid or Protection”

In a complex, twenty-eight page opinion, a sharply divided NLRB has ruled that when an individual employee seeks assistance from fellow employees with respect to a violation under Title VII (or other workplace laws), the...more

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