News & Analysis as of

Supervisors Employer Liability Issues

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

WEB EXCLUSIVE: The Changing Face Of Discrimination

by Fisher Phillips on

As all hospitality employers know, Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” However, the statute does not specifically mention sexual orientation or gender identity. What does...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

Simplifying Employee Performance Feedback Documentation

by Nexsen Pruet, PLLC on

Employers are familiar with the importance of documenting performance problems. Performance documentation is a critical part of managing employees, providing feedback, and creating a record for promotion or position changes,...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

“Repeated exposure to supervisor constituted a dangerous situation”, employee arguing

by Dentons on

The Federal Court has breathed new life into a government employee’s claim that “repeated exposure to her supervisor constituted a dangerous situation” that justified her work refusal under the Canada Labour Code. The case...more

Going Rogue? OSHA Violation Defense Defused Where Supervisor and Subordinate Participate

If a supervisor engages in OSHA-violating conduct alongside a subordinate, is the company liable? The Eleventh Circuit recently affirmed an Occupational Safety and Health Review Commission (OSHRC) decision answering that...more

The Ten Most Important Rules for Employers

by Zelle LLP on

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

Avoiding FMLA Interference Claims: Walking a Fine Line Between Permissible and Impermissible Comments

by Foley & Lardner LLP on

When it comes to Family and Medical Leave Act (FMLA) leave, not all comments are treated equally. Some comments may discourage an employee from using FMLA leave, thereby interfering with the employee’s FMLA rights and...more

Employment Law Reporter – September 2015

by Ervin Cohen & Jessup LLP on

BACK TO SCHOOL SPECIAL EDITION: Teaching Supervisors When To Contact The Human Resources Department. It’s September. Traffic has swollen to new highs—kids are back in school. Many have forgotten what they learned. Many...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

Employer Potentially Liable for Harassment of Supervisor by Her Subordinates

Employers are well aware of their potential liability for workplace harassment claims involving co-workers or third parties. They also understand their heightened legal responsibility when the alleged harasser is the...more

NLRB Decision Highlights Problems For Colleges Responding To Organizing Efforts

by Miller Canfield on

The National Labor Relations Board (NLRB) has upheld the SEIU’s narrow election victory at Laguna College of Art + Design, despite evidence that a supervisory full-time faculty member had campaigned for the union. In Laguna,...more

Make Sure Your Supervisors Know that Lactation Breaks Are Required by Law

Maybe once a year, I get a call from a client asking about what the law requires with regard to lactation breaks for nursing mothers. I tell them that § 207(r) of the Fair Labor Standards Act requires them to provide (A)...more

Is Supervisor-Induced Stress a Protected Disability? California Appellate Court Says No

Employers often encounter challenging questions regarding their duty to accommodate employees who are diagnosed with stress, anxiety, or other mental health conditions that allegedly impact job performance absent...more

Fourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet

by FordHarrison on

Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more

More than Just a Fable – Why the “Cat’s Paw” Matters for Employers

The Fable - “The Monkey and the Cat” is a fable (dating back to the 17th century or perhaps earlier) about a monkey who persuades a cat to pull chestnuts from the embers of a fire, only to take the reward for himself...more

“Who is a supervisor?” Ontario Ministry of Labour releases guideline

by Dentons on

Employers often struggle with the question of who is a “supervisor” under the Ontario Occupational Health and Safety Act. The answer to that question is obviously important because supervisors have legal duties under the...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 Erects New Hurdle for Harassment Plaintiffs To Overcome

by Cole Schotz on

Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...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

Friendship Between Male Supervisor and Female Subordinate Does Not Create Title VII Rights for Disfavored Male

Title VII prohibits discrimination based on gender. Numerous federal courts have rejected claims by female workers that they were discriminated against when their managers showed preferential treatment toward a female...more

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