News & Analysis as of

Gender Discrimination Employer Liability Issues Hostile Environment

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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Recognizes 'Equal Opportunity Harasser' Defense

We often hear claims from employees who threaten to sue their employer for creating a “hostile work environment.” When we dig into the complaints, often the employee is alleging that their manager is mean or unfair to them,...more

Bowditch & Dewey

Reading the Riot Act: $100 Million Settlement in Gender Discrimination Class Action

Bowditch & Dewey on

A California Superior Court judge recently preliminarily approved a $100 million settlement in connection with a class action brought on behalf of a class of current and former female employees at video game studio Riot...more

Rivkin Radler LLP

The Employment Law Reporter - Spring 2021

Rivkin Radler LLP on

Here is what we cover in this issue of The Employment Law Reporter: •A federal court in New York has dismissed an employment discrimination lawsuit brought by a former employee of the City University of New York. ...more

Jackson Lewis P.C.

How Little May An Employee Allege For Retaliation Protection?

Jackson Lewis P.C. on

The question of when a worker has raised concerns about discrimination sufficient to gain retaliation protection has not been answered consistently and clearly by courts. A case in Texas may provide clarification...more

Proskauer - California Employment Law

California Employment Law Notes - January 2021

Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim - Christian v. Umpqua Bank, 2020 WL 7777882 (9th Cir. 2020) - Jennifer Christian, a former employee of Umpqua Bank, alleged she was...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Harassment and Acquiescence

The Ninth Circuit waited until the sixth day of 2021 to issue its first published opinion of the year, and it still has yet to release the sort of business-related civil decision that we here at Left Coast Appeals would...more

McAfee & Taft

Unequal workplace investigation leads to discrimination lawsuit

McAfee & Taft on

When an employee complains of unfair or discriminatory treatment, employers should promptly and thoroughly investigate such a complaint. A quality investigation can solve a problem and avert potential litigation. If a lawsuit...more

McAfee & Taft

The #MeToo Movement: What now

McAfee & Taft on

Before practicing law, I had another life. I was a 20-something trying to make my way in Hollywood—going to auditions, taking classes, meeting actors, directors and managers, doing plays and showcase pieces—and had a few...more

Lewitt Hackman

Employers, In Case You Were Wondering: Sexual Harassment and Discrimination Do Not Pay Off

Lewitt Hackman on

Just ask Riot Games, which recently agreed to pay $10,000,000 to settle a class action lawsuit for alleged violations of the California Equal Pay Act, and gender discrimination, retaliation, and harassment. The settlement...more

Spilman Thomas & Battle, PLLC

The Rumor Mill: A Case Study on Workplace Conduct - How Perpetuating Workplace Rumors Can Create Employer Liability for Gender...

On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more

Kelley Drye & Warren LLP

The Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a...more

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

Failure to Provide Employee With Adequate Pumping Breaks and Accommodations Led to $1.5 Million Verdict

In March 2010, as part of the passage of the Affordable Care Act, the Fair Labor Standards Act (FLSA) was amended to require most employers to provide nonexempt employees: ..“reasonable break time for an employee to...more

Epstein Becker & Green

2018 Workforce Wrap-Up and a Look Forward

Epstein Becker & Green on

Recent headlines have highlighted changes occurring in the workforce. Generation Z will be entering the workforce in the new year, marking five generations working side by side. Therefore, as 2019 approaches, it will be...more

Robinson+Cole Construction Law Zone

New York Requires Sexual Harassment Policies in Compliance with New Requirements to Be Distributed by Tuesday, October 9, 2018...

As we have written about previously, this past Spring the New York State Legislature and New York City Council adopted broad new requirements to combat workplace gender-based harassment. ...more

Hogan Lovells

New York State Sexual Harassment Model Policy and Training Requirements Finalized: Employers Get a Welcome Extension to Implement

Hogan Lovells on

Earlier this week, the New York Governor’s office finalized materials for New York State employers to implement sexual harassment policies and training.  While draft guidance was circulated to the public in August 2018, the...more

Bradley Arant Boult Cummings LLP

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

Parker Poe Adams & Bernstein LLP

Same-Sex Harassment of Male Employee in Mixed-Gender Workplace Violated Title VII

In its 1998 Oncale decision, the U.S. Supreme Court recognized that same-sex sexual harassment can violate Title VII’s gender discrimination prohibitions. However, the court noted that in order to demonstrate violation of the...more

Epstein Becker & Green

Second Circuit Decision in Sexual Harassment Case Shows Heightened Risk for Health Care Employers

Epstein Becker & Green on

Health care employers should be aware that a recent holding from the U.S. Court of Appeals for the Second Circuit may indicate that courts and juries are beginning to weigh in on the dramatic sexual harassment developments,...more

Franczek P.C.

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

McNees Wallace & Nurick LLC

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

Genova Burns LLC

Borgata Babes: Casino Is Entitled to Enforce Weight Restrictions

Genova Burns LLC on

On September 15, 2015, the Superior Court of New Jersey, Appellate Division found in Shiavo v. Marina District Development Company, LLC, that the New Jersey Law Against Discrimination (“NJLAD”) does not encompass allegations...more

Poyner Spruill LLP

Transgender Issues in the Workplace

Poyner Spruill LLP on

Since 2012, the U.S. Equal Employment Opportunity Commission (EEOC) has taken the position that transgender individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964 (Title VII). The EEOC...more

Fenwick & West LLP

Employer Liable for Disregarding Complaints About Soiled Toilet, Porn, and Retaliation — Possible Punitive Damages

Fenwick & West LLP on

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

Fenwick & West LLP

Fenwick Employment Brief - October 2013

Fenwick & West LLP on

In Davis v. Kiewit Pacific Company, Lisa Davis, a heavy machine operator and one of two female employees at a 100-employee excavation project, prevailed in her claims of gender discrimination, hostile work environment, and...more

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