Title VII Sexual Harassment

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
News & Analysis as of

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 47: Same Sex Harassment Is Illegal

It seemed like a simple enough issue. In 1984, the Supreme Court found that sexual harassment — when it is severe or pervasive — can alter an employee’s ability to work and thus can impact the victim’s “terms, conditions, or...more

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 25: The Rise in Frequency of Retaliation...

When considering Title VII complaint statistics, it is usually assumed that race discrimination or sexual harassment claims would be the most frequent charge. Since 2009, however, a different claim became the statistical...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 18: When Is An Employer Liable For...

Although Title VII was passed in 1964, it wasn’t until 1998 that the United States Supreme Court handed down two significant decisions in the companion cases of Faragher v. Boca Raton, 524 U.S. 775 (1998) and Burlington...more

Think Third Party Harassment Can’t Harm You? Think Again

On April 29, 2014, the United States Court of Appeals for the Fourth Circuit’s ruling of Freeman v. Dal-Tile Corp., No. 13-1481, 2014 WL 1678422 (4th Cir. Apr. 29, 2014) addressed third-party harassment. The Court held...more

See No Evil, Hear No Evil: See No Defense for Third-Party Harassment?

It is rare that a distinguished federal appellate court invokes the “See No Evil, Hear No Evil” approach to deciding a case, but this is exactly what happened in a recent decision involving a North Carolina based tile and...more

Court Holds Employer Can Be Liable For Harassing Actions Of Its Customer If It Does Not Take Reasonable Steps To Prevent The...

On April 29, 2014, the Fourth Circuit held that a plaintiff had triable sexual and racial harassment claims under Title VII regarding conduct by a customer of her former employer. During her employment, the plaintiff...more

Fourth Circuit Rules that Employers Can be Liable for Third Party Harassment of Their Employees

In Freeman v. Dal-Tile Corp., 2014 WL 1678422 (4th Cir. April 29, 2014), the United States Court of Appeals for the Fourth Circuit ruled that an employer can be liable for third party harassment of its employees. The court...more

Two New Cases Demonstrate High Bar for Proving Sexual Harassment

Not all sex-related behavior in the workplace gives rise to an actionable claim for sexual harassment. In order to violate Title VII, the actions complained of must be unwelcomed, and must create a hostile and offensive...more

EEOC Roundup: February 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

The Road Not Taken

What is not alleged in a lawsuit can, paradoxically, sometimes serve as more of a cautionary note than what is, for its very absence brings it prominence. Such is the case with Saliba v. Five Towns College, 2014 WL 92690...more

EEOC Sues Nick's Restaurant for Disability Discrimination, Sexual Harassment, Retaliation

Restaurant/Sports Bar Revoked a Reasonable Accommodation for a Disabled Server and Fired Her After She Complained, Federal Agency Charges - HOUSTON - PNS Investments, Inc. operating as Nick's Restaurant and Sports Bar,...more

When Santa Is Naughty, Does He Give Himself a Lump of Coal?

If so, then Santa should be giving himself a nice chunk of West Virginia’s finest to burn in his stove this Christmas. According the Associated Press, recently, at a mall in Hingham, Massachusetts, Santa was barred from the...more

Interns: Unpaid and Unprotected?

As we have previously mentioned, issues relating to unpaid interns continue to be a hot topic. In the wage law arena, disenchanted former interns have brought a string of well-publicized class action lawsuits against their...more

La Rana Hawaii, LLC, A Former Licensee of Señor Frog’s, to Pay $350,000 to Settle EEOC Sexual Harassment Lawsuit

Young Women Were Physically and Verbally Harassed by Restaurant Employees, Including Managers, Federal Agency Charged - HONOLULU, Hawaii - La Rana Hawaii, LLC, doing business as Señor Frog's, a popular Mexican-themed...more

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

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

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

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

EEOC Sues Red Lobster for Sexual Harassment

Restaurant Subjected Female Employees to Egregious Sexual Harassment Including Grabbing and Groping, Federal Agency Charged - BALTIMORE -GMRI, Inc., doing business as Red Lobster, subjected a class of female...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

Netherland Antilles Employee Allowed to Continue Gender Bias Suit against Employer’s U. S. Sister Company

In a case that will certainly be of interest to multi-national companies with subsidiaries and affiliates in numerous countries, a New York Federal Court recently allowed a U.S. company to be sued by an employee of its sister...more

WilcoHess Settles EEOC Sexual Harassment Lawsuit for $215,000

Female Employees Were Sexually Harassed By Senior Management Official, Federal Agency Charged - TUSCALOOSA, Ala. - WilcoHess, which operates over 400 travel plazas and convenience stores throughout the United States,...more

EEOC Sues Memphis Foods for Sexual Harassment of 16-Year-Old Female Employee

Federal Agency Charges KFC Store Manager Discriminated Against Minor - MEMPHIS - Memphis Foods LLC, the owner of a Memphis KFC restaurant, violated federal law by subjecting a teenage employee to sexual harassment and...more

Transportation, Distribution & Logistics Alert: September 2013 - NLRB's New Ruling Could Spell Trouble in Harassment...

In a recent ruling, the National Labor Relations Board (“NLRB”) has expressed the view that telling employees that they may not discuss an internal investigation may violate an employee’s Section VII rights. In Banner Health...more

Merrill Lynch Manager Tells Female Analysts To Seduce The Old Boys Club

Three female financial advisors at Merrill Lynch’s Manhattan-based flagship offices claim that they were subjected to gender discrimination at the hands of an overbearing boss, according to court documents filed in New York...more

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