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Evidence Hostile Environment

Littler

Is an Emoji Worth a Thousand Words? The Impact of Emojis in the Workplace

Littler on

Work does not always occur within the physical confines of a workplace.  Indeed, due to the interconnectivity of today’s world, work often takes place in the digital space, where employees regularly use pictorial icons and...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Seyfarth Shaw LLP

Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

Seyfarth Shaw LLP on

Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says ‘Hellish' Work Environment Is Not Necessary to Prove Title VII Harassment

Over the past decade, federal courts have gradually reduced the evidentiary burden necessary for a plaintiff to reach a jury trial on claims involving sexual or racial harassment. The relevant legal standard calls for the...more

Seyfarth Shaw LLP

Texts From Your Ex? Not So Fast- Make Sure To Preserve Your Evidence

Seyfarth Shaw LLP on

Seyfarth Synopsis: A case out of the District of Oregon recently dismissed a Plaintiff’s sexual harassment and retaliation claims where the allegations relied on manufactured text messages that Plaintiff failed to produce. ...more

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

Harvey Weinstein and Sexual Harassment Law: “Me Too”

The reports of women who went on the record to accuse Hollywood businessman Harvey Weinstein of sexual harassment, sexual assault, and other abuses, evoked the following recent Twitter message by Alyssa Milano: “If you’ve...more

Littler

Seventh Circuit to Plaintiffs: Here's Your Burden of Proof

Littler on

Most employees who file employment discrimination claims hope for one of two things – a really sympathetic jury or an employer that is willing to generously settle the lawsuit to avoid the risks and uncertainties of trial. ...more

Holland & Knight LLP

Seventh Circuit Clarifies Evidentiary Standard for Employment Discrimination Claims

Holland & Knight LLP on

In Ortiz v. Werner Enterprises, Inc., the U.S. Court of Appeals for the Seventh Circuit clarified its standard for evaluating evidence in employment discrimination cases and rejected prior decisions to the extent they...more

Constangy, Brooks, Smith & Prophete, LLP

Two Thoughts On The Faruqi Sexual Harassment Trial

I hope that everyone is following the Marchuk v. Faruqi & Faruqi sexual harassment trial that is taking place as we speak in Manhattan. If you haven’t been, then now is the time to start!...more

Sherman & Howard L.L.C.

“Me Too” Evidence Doesn’t Cut It

In a case of first impression, Adams v. Austal, USA, LLC, No. 12-11507 (11th Cir. June 17, 2014), the Eleventh Circuit addressed whether an employee may rely on evidence of racial harassment of which he is not personally...more

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