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Please DO Stop the Music: Ninth Circuit Rules Offensive Tunes Can Constitute a Hostile Workplace

Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the...more

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Blocking the Gate to Arbitrate: Congress Passes Law Banning Pre-Dispute Arbitration Agreements on Sex Harassment Claims

Both the House and Senate have approved a bill that allows victims of workplace sexual assault and sexual harassment to take their claims to court instead of being forced to arbitration. In a rare show of partisanship,...more

Who Judges the Judges? Federal Judiciary Adopts New Workplace Conduct Rules

In light of some recent allegations of harassment of court employees in certain circuits, it may come as no surprise that the federal Judicial Conference recently strengthened their rules prohibiting misconduct and obligating...more

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

The More You Know... Or Others Think You Know: Fifth Circuit Finds Decision-maker Had Knowledge to Constitute Retaliation

The Fifth Circuit has issued another opinion in the continuing saga of Jackson State University and its past athletic director, Dr. Vivian Fuller—this one about retaliation against a witness. To refresh everyone’s memory: A...more

Happy Thanksgiving and the Many Things for Which We Are Thankful

Before everyone gets out of the office to their various homes and families to celebrate the holiday, we wanted to review the year and count our blessings. Not only are we thankful that our families and colleagues in our...more

Muscle Beach Party and Theories of Sex Discrimination: Second Circuit Tries To Clarify Sexual Orientation vs. Gender-Stereotyping

Is there a difference between being discriminated against because of your sexual orientation versus being discriminated against for not conforming to a gender stereotype? In most areas of the country, there most certainly is...more

Hug It Out at Work? Maybe Not in the Ninth Circuit

When does workplace hugging go too far? The Ninth Circuit Court of Appeals recently weighed in with an opinion. Victoria Zetwick, a county correctional officer, based her Title VII hostile work environment suit almost...more

Beauty is in the Eye of the…Defendant? Termination for Attractiveness Found Not to be Gender Discrimination

Is cuteness a protected class? Most of our mothers would say it should be. However, a recent decision in New York found a woman could not bring suit against her former employer based on her allegation that she was terminated...more

The Full Monty is Still Full-on Sexual Harassment—The Tenth Circuit Gets It Right

From the “You’d Think This Would Be Obvious” file in August, the Tenth Circuit reversed a district court’s granting of summary judgment in favor of an employer in a case in which a male employee allegedly exposed his genitals...more

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