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Employer Liability Issues Harassment Title VII

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Miller Nash LLP

Posting Outside the Office, but Not Outside the Scope of an Employer’s Potential Liability

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Between hybrid work, flexible schedules, online meetings, and the ubiquity of social media, the lines between in and out of office conduct continue to get murkier and create potential tagalong liability that persists for...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

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Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

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It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

Littler

Littler Lightbulb: May Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

Lathrop GPM

EEOC Issues Enforcement Guidance on Harassment in the Workplace

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At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more

Venable LLP

Equal Employment Opportunity Commission Issues New Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finally published its updated guidance on workplace harassment, formalizing the EEOC's position regarding additional protections for employees....more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Hinshaw & Culbertson - Employment Law...

EEOC Publishes Final Guidance on Workplace Harassment

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides  updates and agency direction on workplace...more

Foley Hoag LLP

EEOC Releases Updated Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more

Bracewell LLP

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

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The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more

Buchalter

Navigating Workplace Inclusivity: How Employers Can Better Understand and Apply the EEOC’s Recent Guidance on Workplace Harassment

Buchalter on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a...more

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

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The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...more

Whiteford

Employment Law Update: The EEOC’s Final Enforcement Guidance on Workplace Harassment Is Here

Whiteford on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment (the Guidance), to include developments “answering the call” of the #MeToo...more

Dinsmore & Shohl LLP

EEOC Finalizes New Guidance on Harassment in the Workplace

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The U.S. Equal Employment Opportunity Commission (“EEOC”) has submitted its final version of enforcement guidance on workplace harassment. We previously reported on the new guidance when it was proposed in early October of...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

Parker Poe Adams & Bernstein LLP

Non-Consensual Touching Not Comparable to Rude Employee Behavior

After investigating allegations of sexual harassment and taking disciplinary action, we see a surprising number of claims from the accused harassers that they were actually the victims of alleged discriminatory behavior that...more

Perkins Coie

Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

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Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the...more

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