News & Analysis as of

Harassment Hostile Environment Corporate Counsel

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

BakerHostetler on

On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...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

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Racial Slur From Owner's Six-Year-Old Son is Evidence of Offensive Working Environment

​​​​​​​Over the past decade, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) has substantially lowered the bar for demonstrating racial harassment in cases where a racial...more

Genova Burns LLC

Glass Houses: Hostile Work Environment Claim Dismissed Due to Employee’s Own Unprofessional Conduct

Genova Burns LLC on

On April 19, 2022, in Bouziotis v. Iron Bar, LLC, the New Jersey Appellate Division upheld a trial court’s dismissal of a former bartender’s hostile work environment and gender discrimination claims partly on the grounds that...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Agrees That One Use of the "N-Word" Can Create a Racially Hostile Work Environment

Over the past decade, a growing number of federal appellate circuits have heard cases asking whether a single use of a racially offensive epithet is enough to clear the bar for a hostile environment racial harassment claim...more

Maynard Nexsen

$137 Million Verdict Illustrates Importance of Competent Anti-Harassment Policies

Maynard Nexsen on

On October 4, 2021, a North California federal jury awarded a former Tesla subcontractor $137 million after finding that he had been subjected to a hostile work environment and that Tesla was responsible for the harm it...more

Parker Poe Adams & Bernstein LLP

Tesla Hit With $137 Million Jury Verdict for Racially Charged Workplace

On October 4, a California federal jury awarded $137 million to a former contract employee who worked for Tesla. At trial, the plaintiff testified that he was repeatedly called the N-word while at work, regularly heard racial...more

Morgan Lewis

UK Employment Appeal Tribunal Ruling a Warning to Employers to Revisit Equality Training

Morgan Lewis on

With growing reports of an increase in online harassment during government-imposed pandemic lockdowns, a recent UK Employment Appeal Tribunal case alerts employers to their obligations with respect to tackling bullying,...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Littler

New York State Significantly Expands its Workplace Harassment Laws (Again)

Littler on

As its session draws to a close, the New York State Legislature substantially revised the state’s anti-discrimination and anti-harassment laws this week, and Governor Andrew Cuomo has promised to sign the new measures...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

Bradley Arant Boult Cummings LLP

Once Is Enough: Tennessee Federal Court Rules Single Use of ‘N-Word’ By Co-Worker Sufficient to Get Hostile Work Environment Claim...

Usually, once is not enough, at least in the hostile work environment context. Unless, as the court found in Ronnie L. Outlaw v. SBH Services, Inc., it is. Typically, a single incident of harassment – especially by a...more

Jackson Lewis P.C.

Court Confirms Employer Can Be Liable For Harassment By Non-Employee

Jackson Lewis P.C. on

Faced with a question not yet addressed by the Third Circuit, a federal judge in Pennsylvania found an employer, as well as individual managers, may be held liable for an employee’s claim of a hostile work environment based...more

Seyfarth Shaw LLP

Fourth Circuit Ruling Provides Cautionary Tale for Employer’s Managing Internal Harassment Complaints and Investigations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially...more

Laner Muchin, Ltd.

Recent Federal Decisions Highlight Breadth of Employers’ Obligations Under Title VII

Laner Muchin, Ltd. on

Recent federal court decisions serve as a timely reminder of an employer’s obligations under Title VII to protect employees from all unlawful harassment in the workplace, even if that harassment is perpetrated by someone...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

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

Fifth Circuit Rules Employers Are Not Always Protected From Liability Resulting From Harassment by Nonemployees With Diminished...

Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s...more

Parker Poe Adams & Bernstein LLP

Even Rhetorical Use of the "N-Word" Sufficient to Allow Racial Harassment Claim to Go to Jury

Over the past several years, we have reported an increasing number of federal appeals court decisions that have characterized even single instances of certain racial slurs as sufficient to constitute hostile environment...more

Parker Poe Adams & Bernstein LLP

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

Seyfarth Shaw LLP

Manhattan District Attorney’s Office Forms New “Work-Related Sexual Violence Team”

Seyfarth Shaw LLP on

In further demonstration of how law enforcement is being faced with new challenges in light of the recent attention paid to work-related sexual violence, Manhattan District Attorney Cyrus R. Vance, Jr., just announced a new...more

Dorsey & Whitney LLP

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...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

Parker Poe Adams & Bernstein LLP

Calling African-American 'Boy' and 'You People' Creates Hostile Work Environment

In a recent string of decisions, federal courts have concluded that use of racial epithets even on one occasion is sufficient to constitute a hostile work environment under Title VII. Thus, use of the N-word and other...more

Parker Poe Adams & Bernstein LLP

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur...more

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Updated: Dec 28, 2021:

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150 Harbor Drive, #2760
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