News & Analysis as of

Harassment

Mandelbaum Barrett PC

A Look at Temporary Restraining Orders

Mandelbaum Barrett PC on

October is Domestic Violence Awareness Month, a time to unite and support victims and survivors of abuse. New Jersey has one of the strongest Domestic Violence laws in the United States. It offers victims of domestic violence...more

Flaster Greenberg PC

Tough Coach or Hostile Work Environment

Flaster Greenberg PC on

“Tough Coaches” at the professional level or college level garner reputations on their own. As sports become more professional and retain a formal structure, it is essential for clubs to understand the line between a “tough...more

Dinsmore & Shohl LLP

EEOC Proposes New Guidance on Harassment in the Workplace

Dinsmore & Shohl LLP on

The Equal Employment Opportunity Commission (“EEOC”) has published a proposed "Enforcement Guidance on Harassment in the Workplace" for public comment. If finalized, this will mark the first time since 1999 that the EEOC has...more

U.S. Equal Employment Opportunity Commission...

Mexico Restaurant Settles EEOC Sexual and Racial Harassment Lawsuit

Federal Agency Charged That Female Servers Were Subjected to Sexual Harassment And Forced to Quit to Escape the Abuse - HONOLULU – Mexico Restaurant, a Honolulu-based restaurant specializing in Mexican cuisine, has agreed...more

Kelley Drye & Warren LLP

EEOC's Proposed Enforcement Guidance on Harassment in the Workplace

The Equal Employment Opportunity Commission (“EEOC”) has published draft enforcement guidance regarding workplace harassment entitled ​“Proposed Enforcement Guidance on Harassment in the Workplace.” If made final, this would...more

Husch Blackwell LLP

EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1

Husch Blackwell LLP on

The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer...more

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

California Workplace Violence Restraining Order Law Expanded to Protect Against Harassment

California Governor Gavin Newsom signed Senate Bill (SB) No. 428 on September 30, 2023. The new law expands California’s workplace violence restraining order law to protect against certain kinds of workplace harassment as...more

Littler

UK: Non-visible Disabilities at Work: How to Take Action and Make an Impact

Littler on

Approximately 23% of the working-age population in the UK reported that they were disabled in January to March 2023 (so almost 1 in 4 working people), and it is estimated 70-80% of disabilities are non-visible. With this...more

U.S. Equal Employment Opportunity Commission...

Riverwalk Post-Acute Settles EEOC Racial Harassment and Retaliation Lawsuit

Skilled Nursing Facility Allowed Racial Harassment Against Black Employees, Federal Agency Charged - LOS ANGELES – Orange Treeidence OPCO, LLC, doing business as Riverwalk Post-Acute, Providence Group, Inc. (PGI), and...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Tesla for Racial Harassment and Retaliation

Federal Lawsuit Alleges Black Employees Endured Open Hostility and Racism - FREMONT, Calif. – Electric car maker Tesla, Inc., violated federal law by tolerating widespread and ongoing racial harassment of its Black...more

U.S. Equal Employment Opportunity Commission...

EEOC Proposes Updated Workplace Harassment Guidance to Protect Workers

WASHINGTON – Following a majority vote, the U.S. Equal Employment Opportunity Commission (EEOC) invited the public to comment on its proposed “Enforcement Guidance on Harassment in the Workplace.” The Federal Register today...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Waste Pro of Florida for Race Harassment and Retaliation

Federal Lawsuit Says Waste Management Company Subjected Employees to Racist Slurs and Retaliation - JACKSONVILLE, Fla. – Waste Pro of Florida, a waste collection, recycling, processing and disposal company based in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Asphalt Paving Systems for Racial Harassment

Black Employees Were Subjected to a Hostile Work Environment that Included Racial Slurs, Threatening Conduct and Humiliating Working Conditions, Federal Agency Charges - TAMPA, Fla. –– Asphalt Paving Systems, Inc. (APS),...more

Kohrman Jackson & Krantz LLP

The Hazing Spectrum: Recognizing Acts of Hazing

National studies of student hazing have found that more than half of college students associated with clubs, teams or organizations experience hazing. Yet less than 10% of those who experience hazing actually call the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Waste Industries and GFL Environmental, Inc. for Sex Discrimination

Waste Industries Unlawfully Refused to Hire Qualified Applicants for Driver Positions Because of Their Sex, Federal Agency Charges - ATLANTA – Waste Industries U.S.A., LLC, TransWaste Services, LLC, Waste Industries...more

Fox Rothschild LLP

Harassment Prevention Reminders and Lessons from Lizzo

Fox Rothschild LLP on

My sexual harassment prevention training sessions always include a discussion of the common misconceptions about it. The news about pop star Lizzo brought some of these issues top-of-mind. A few issues to keep in mind; yes,...more

Stokes Wagner

Not Music to Our Ears: Music Can Create a Hostile Work Environment

Stokes Wagner on

In a recent case, the Ninth Circuit Court of Appeals held that employees may be able to support a hostile work environment claim by presenting evidence of regular exposure to violent, misogynistic music, even when the music’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Cavco Industries and Palm Harbor Homes for Race Discrimination

Manufactured Home Companies Subjected Employee to Hostile Work Environment After Learning of Multi-Racial Family, Federal Agency Charges - DALLAS – Cavco Industries, Inc. and Palm Harbor Homes, Inc. violated federal law by...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues TA Dedicated and TForce TL Holdings for Sexual Orientation Discrimination, Retaliation

Federal Agency Charges Trucking Companies Allowed Harassment, Termination of Gay Mechanics Because of Sexual Orientation - CLEVELAND – TA Dedicated, Inc. doing business as Transport America, and TForce TL Holdings USA,...more

Orrick, Herrington & Sutcliffe LLP

Colorado Enacts the POWR Act

Colorado’s POWR Act went into effect on August 7, 2023, significantly increasing employer obligations to prevent and address harassment and discrimination in the workplace. Companies with Colorado-based employees should act...more

Wilson Sonsini Goodrich & Rosati

Bungie Wins Landmark Lawsuit Against Destiny 2 Player Who Harassed a Bungie Employee

On July 11, 2023, a trial court in the State of Washington issued a groundbreaking opinion which provides employers with a legal path to protect their employees from online abuse and harassment from third parties suffered...more

Pullman & Comley - School Law

What Changes are Coming to Connecticut’s Bullying Law?

Connecticut’s bullying laws, set forth in Connecticut General Statutes Sections 10-222d, 10-222g, 10-222k and the like, have long obligated school districts to remedy acts of bullying and teen dating violence.  School...more

Bryan Cave Leighton Paisner

UK HR Two-Minute Monthly: August 2023

Our August update includes cases on the (discriminatory) harassment of a gender critical employee, a case in which a dismissing officer was not present at a dismissal meeting, and a case where a tribunal reached the unusual...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

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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