Anti-Harassment Policies, Dismissals

Employers may be liable for harassment by a non-employee

McAfee & Taft on 3/29/2019

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

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

Bradley Arant Boult Cummings LLP on 9/13/2018

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

Protecting Employees From Patient Harassment: It’s No Laughing Matter

Fisher Phillips on 8/2/2018

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

Parker Poe Adams & Bernstein LLP on 8/1/2018

Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Being Called a Racist Is Not Unlawful Harassment If Comments Are Not Racially Motivated

Hinshaw & Culbertson LLP on 3/27/2018

Employers are equipped and know how to handle complaints of racial discrimination and harassment—or at least should be so prepared. However, facts have a funny way of developing into novel situations. What happens, for...more

Ontario Court of Appeal Clarifies When Workplace Harassment Constitutes Constructive Dismissal

Bennett Jones LLP on 8/8/2013

The Court of Appeal’s decision in General Motors of Canada Limited v Johnson does not break any new ground in the law of constructive dismissal. But against the backdrop of Bill 168 (the Violence and Harassment in the...more