News & Analysis as of


#MeToo Hasn’t Led To More Harassment Litigation … Yet

by Fox Rothschild LLP on

It’s been five months since the #MeToo movement burst onto the scene. Since then, the headlines have been dominated with accusations of grossly inappropriate behavior by prominent politicians, entertainers, business people,...more

Takeaways From Cornell HR In Hospitality Conference

by Fox Rothschild LLP on

Every year I look forward to attending and presenting at the Cornell HR in Hospitality Conference. It is a great time to connect with clients, contacts, and to learn from the best and brightest in the hospitality...more

Fourth Circuit Rejects Sexual Harassment Claim by Employee Who Quit Days Into Her Investigation

Employers are not strictly liable for hostile environment sexual harassment by a victim’s co-workers. The employer may be held responsible under Title VII if it knew or should have known of the harassment and failed to take...more

New York #MeToo Initiatives—It’s No Longer Just an HR Issue

by Blank Rome LLP on

Stephen E. Tisman and Rither Alabre Propelled by the Harvey Weinstein scandal and the “#MeToo” movement, New York government officials have taken new steps to protect victims of sexual misconduct in the workplace....more

New York Court Addresses Coverage for School District’s Alleged Civil Rights Violations

In its recent decision in Graphic Arts Mut. Ins. Co. v. Pine Bush Central School District, 2018 N.Y. App. Div. LEXIS 1553 (N.Y. 2d Dep’t Mar. 9, 2018), the Second Department of the New York Appellate Division had occasion to...more

The #MeToo Movement: The Critical Role of the Board in Preparing for, Responding to and Avoiding Sexual Misconduct Allegations

by WilmerHale on

As the #MeToo movement gains momentum, companies in nearly every major industry are dealing with allegations of gender discrimination, sexual harassment or even sexual assault—including allegations of widespread misconduct...more

Hogan Lovells: Our thoughts on sexual harassment in any workplace

by Hogan Lovells on

Sexual harassment has recently been making headlines with revelations from the USA, Europe and parts of Asia. This is a scourge in the modern workplace and deserves attention in being routed out. Please see full...more

Disclosure of Personal Information Leads to Employer and Supervisor Liability

In Delane Hurley v. California Department of Parks and Recreation, California Court of Appeal, Fourth Appellate District, D070098 (February 21, 2018) plaintiff Hurley recovered damages for intentional and negligent infliction...more

New Jersey Legislature Considering Bill Prohibiting Waiver of Employees’ Rights Under Discrimination Laws

by Reed Smith on

The New Jersey Legislature is considering a bill with potentially far-reaching implications for employment contracts and agreements resolving discrimination, harassment or retaliation claims. Bill S121/A1241 precludes the...more

The Import of a Rapid, Fulsome Corporate Response to Allegations of Harassment

by McDermott Will & Emery on

The increased focus on issues of harassment is putting corporate culture under a microscope. Corporate management and board members—regardless of whether the entity is private, public or charitable—must adjust the way they...more

Drones and Personal Privacy

Imagine that you are sitting in your backyard and a drone flies overhead. It hovers. The camera adjusts and looks right at you. Then it flies away. ...more

February 2018: Defining Sexual Harassment: The State of the Law

Litigation involving sexual harassment, in a variety of forms, emerged as a recurring headline in 2017 and shows no sign of slowing in 2018. The increase in sexual-harassment claims coincides with the widespread and...more

Texter Beware: Emojis As Evidence

by Farrell Fritz, P.C. on

Imagine if the above emojis, casually fired off in a text message (or in an Instagram or Facebook post) to a friend or colleague, could be used against you as evidence of workplace harassment? Or if another combination of...more

Company Culture, #MeToo and Anti-Harassment Programs

by Michael Volkov on

Companies do not operate in a vacuum. As we know, companies are part of our social fabric and are subject to the same influences as our communities, politics and families....more

Top Developments in Canadian Employment Law in 2017

by DLA Piper on

With 2017 in our rear-view mirror and with 2018 now upon us, it is time to reflect on the top developments in Canadian employment law in 2017. The following cases represent a cross-section of the most significant employment...more

Annual Report on EEOC Developments — Fiscal Year 2017

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2017, our seventh annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not merely summarize case...more

Sex discrimination law review final report

by Dentons on

2018 is a momentous year, in that it marks 100 years since British women were given the right to vote. Things have moved on a bit since 1918, and we can safely say that there have been many positive developments since then...more

Why Can’t We Be Friends: Would Lyle Case Decision Be Same Today?

by FordHarrison on

What if I told you that the California Supreme Court has ruled that under certain circumstances, an employee being exposed to lewd conduct in the workplace – including sexual discussions, sexually explicit pictures, and...more

Investigating Claims of Harassment: A Step-by-Step “How To” Part 6: Closing the Investigation and Additional Steps Thereafter

by Bryan Cave on

This final installment of a six-part series on harassment investigations discusses how to close the investigation and steps to take after the investigation has been closed. As always, bear in mind that each harassment...more

The “N-word,” the “Black Monkey Girl,” and the “Confident, African American Male”: Workplace Language and Hostile Environment...

by Dorsey & Whitney LLP on

It is one of the nightmare scenarios for any HR Department or in-house employment counsel: A white employee directing crude, vicious, racially charged slurs at an African-American employee. Perhaps the most inflammatory of...more

Does Your Harassment Policy Meet These 12 Requirements

by Fox Rothschild LLP on

When an employer gets sued for sexual harassment, the focus is not on what the alleged harasser did. It’s on what the employer did to provide its employees a harassment-free work environment. This includes both steps taken...more

Court Upholds Termination of Teacher for Sexually Harassing Co-Teacher

by Tucker Arensberg, P.C. on

Neshaminy School District v. Neshaminy Federation of Teachers, 171 A.3d 334 (Commw. Ct. 2017): The Pennsylvania Commonwealth Court held that an arbitrator decision violated public policy by reinstating a teacher after...more

Investigating Claims of Harassment: A Step-by-Step “How To” Part 5: Other Sources of Evidence, Summarizing the Investigation, and...

by Bryan Cave on

Before concluding a harassment investigation, the investigator should follow up with other possible sources of evidence, record and summarize the investigation, and reach a conclusion. This fifth part of a six-part series...more

New Bill Would Expand Workplace Anti-Harassment Training

by Shipman & Goodwin LLP on

The 2018 session of the General Assembly started last week and increasing workplace training is a top priority for passage. Indeed, it is not surprising that we’re starting to see the first proposed legislation to address...more

Employment Alert - February 2018

by Dentons on

Harassment and suffering at work - Through recent case law, the French Supreme Court recalled to employers their obligations in a situation of harassment or sufferance....more

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