Sexual Harassment Title VII

News & Analysis as of

Achiote Restaurant To Pay $27,500 To Settle EEOC Male-On-Male Sexual Harassment / Retaliation Suit

Several Young Mexican-American Males Secretly Videotaped in Men's Room, Federal Agency Charged - SAN DIEGO - A San Ysidro, Calif., restaurant will pay $27,500 and furnish remedial relief to settle a male-on-male class...more

Are Your HR Investigation Notes Protected Against Disclosure? Maybe, Maybe Not.

Just last month, two federal district courts reached different conclusions, further contributing to the confusion as to whether notes taken during a Human Resources department investigation of a discrimination or harassment...more

Fifth Circuit Rejects EEOC's Position on Reasonable Belief Standard for Reactive Retaliation Claims

In 2009’s Crawford decision, the U.S. Supreme Court concluded that an employee who participates in an employer’s harassment or discrimination investigation as a third-party witness, falls within federal anti-retaliation...more

Truckin’ To The Top Court: CRST Files Final Reply Brief Before Supreme Court Argument Against EEOC

In high-stakes litigation brought by the EEOC against trucking company CRST Van Expedited, Inc., (“CRST”), CRST recently submitted its final reply brief before the U.S. Supreme Court hears oral argument in the case later this...more

ABC Phones of North Carolina Sued by EEOC for Same-Sex Harassment

Female Sales Consultant Was Subjected to Unwelcome Sexual Comments and Groping by Female Co-Worker, Federal Agency Charges - WILMINGTON, N.C. - ABC Phones of North Carolina, Inc. dba A Wireless, a Greenville, N.C.,...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

The Next Frontier of Title VII – EEOC Files its First Sexual Orientation Discrimination Cases

This week, the U.S. Equal Employment Opportunity Commission filed its first lawsuits alleging sexual orientation discrimination under Title VII against employers in Pennsylvania and Maryland. In both cases, the EEOC seeks...more

“We Don’t Want To Pay $4.7 Million” – EEOC Files Its Supreme Court Brief in CRST Fee Sanction Case

As we recently blogged here, EEOC v. CRST Van Expedited, Inc. is an important case on the Supreme Court’s docket that employers absolutely need to monitor. At issue is whether attorneys’ fees are appropriate in instances...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

Vacation Resorts International to Pay $125,000 to Settle EEOC Sexual Harassment / Retaliation Suit

Female Employee Fired for Reporting Egregious Sexual Harassment, Federal Agency Charged - MIAMI - Vacation Resorts International (VRI), a provider of management and marketing services to resorts, condominiums, and...more

Save-A-Lot Franchise Pays $125,000 to Settle EEOC Sexual Harassment Suit

Company Ignored Escalating Sexual Harassment and Sexual Assault of Female Cashier, Federal Agency Charged - GREENVILLE, Miss. - The Canton, Miss., franchise of Save-A-Lot Grocery operated by Potter and Sims Foods, Inc.,...more

Sirdah Enterprises/Taboo 2 Consents to $250,000 Judgment to Settle EEOC Sexual Harassment Suit

Roswell Restaurant/Nightclub Manager Harassed Waitresses And Forced Them to Quit, Federal Agency Charged - ATLANTA - Sirdah Enterprises, Inc., doing business as Taboo 2 Bar & Bistro in Roswell, Ga., has consented to a...more

EEOC Sues Windsor Inn for Sexual Harassment and Retaliation

Restaurant Owner Sexually Assaulted and Harassed Female Employees, Federal Agency Charges - BALTIMORE -R.V. Associates Limited, doing business as Windsor Inn, violated federal law when its restaurant manager subjected...more

2015 Year in Review—the Top 10 Trends in New Jersey Employment Law

In 2015, there were important developments in New Jersey employment law. This newsletter examines some of those developments in ten key areas— background checks, whistleblowing, paid sick leave, wage and hour, Law Against...more

When Is a Coworker Also a Supervisor: Issue Still Undecided after Recent Fourth Circuit Decision…

On November 6, 2015, the U.S. Court of Appeals for the Fourth Circuit, in McKinnish v. Brennan, an unpublished decision, confirmed that an employee’s failure to report his or her supervisor’s allegedly sexually explicit text...more

EEOC’S Lawsuit Against Costco to Proceed

Court Denies Warehouse Retailer's Attempts to Avoid Trial on Allegations Store Failed to Stop Customer from Stalking and Harassing Employee - CHICAGO - A federal district court judge ruled that the U.S. Equal Employment...more

Employment Law Navigator – Week in Review: December 7, 2015

‘Tis the season for holiday cheer and employer-sponsored celebrations. It’s a good time to heed the words of sage employment lawyers who want to help you avoid celebration-related complaints, charges and lawsuits. Last...more

Mayflower Seafood of Goldsboro, Inc. Sued By EEOC for Sexual Harassment and Retaliation

Female Employee Subjected to Unwanted Sexual Touching, Comments by Male Employees, Then Reduced Work Hours for Complaining About Harassment, Federal Agency Charges - RALEIGH, N.C. - Mayflower Seafood of Goldsboro, Inc.,...more

Refusal to Allow Employee to Rescind Resignation May Violate Title VII

In general, once an employee tenders his or her notice of resignation, the employer is under no legal obligation to rescind acceptance of the notice. Last month, the Fifth Circuit Court of Appeals cast doubt on this rule by...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 Navigator – Week in Review: November 17, 2015

It’s no secret that employers can gain information about productivity and safety if they monitor employees. They can also catch employees engaged in misconduct. In light of a recent advice memorandum from the National Labor...more

A Prompt Response to a Harassment Complaint Can Be the Difference Between Liability and No Liability

A recent federal district court from Illinois graphically demonstrates the benefits of a prompt response when an employer receives an internal harassment complaint from an employee. In this case, a female employee complained...more

Avoiding Holiday Liability

‘Tis the season to be jolly. While you are enjoying a cup of hot chocolate and planning this year’s office party, don’t forget to take a moment to assess the potential legal liability of company-sponsored holiday festivities....more

New York Expands Protections for Women with Passage of Women's Equality Act

On October 21, 2015, Governor Cuomo signed into law five bills that will provide greater protection for women in the workplace. These bills, which are part of the Women's Equality Act, strengthen New York's equal pay...more

New York Expands Discrimination Protections Against Workplace Gender Bias

On October 21, 2015, New York Governor Andrew Cuomo signed into law a number of bills, which cumulatively expand protections against gender discrimination, sexual harassment, domestic violence, and human trafficking. This...more

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