News & Analysis as of September 19, 2024

Anti-Harassment Policies

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

OFCCP Week In Review: May 2024 #3

DirectEmployers Association on 5/21/2024

Monday, May 13, 2024: Coalition of 18 Republican States’ Attorney Generals Filed Suit to Challenge EEOC’s Harassment Guidance - A coalition of 18 Republican state attorney generals (“AGs”), led by Tennessee Attorney...more

Route 22 Sports Bar / Crazy Mexican Restaurant & Grill to Pay $217,500 to Settle EEOC Sexual Harassment / Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 10/22/2021

Restaurants Subjected Female Employees to Sexual Harassment and Fired Bartender When She Complained, Federal Agency Charged - WHEELING, W.V. – Route 22 Sports Bar, Inc. and Crazy Mexican Restaurant & Grill, LLC, two...more

Chicago Meat Authority to Pay $1.1 Million to Settle EEOC Racial Discrimination and Retaliation Suit

U.S. Equal Employment Opportunity Commission... on 10/11/2021

Meat Processing Company Harassed Black Employees, Rejected Them for Hire, and Fired a Black Employee for Complaining, Federal Agency Charged - CHICAGO – Chicago Meat Authority, a Chicago meat processing plant, will pay...more

5 Employer Takeaways as EEOC Issues New Guidance on Sexual Orientation and Gender Identity Discrimination in the Workplace

Fisher Phillips on 6/29/2021

The Equal Employment Opportunity Commission (EEOC) observed LGBTQ+ Pride Month and the one-year anniversary of the landmark Bostock v. Clayton County Supreme Court decision by announcing new resources to aid employers in...more

The Legal Issues Involved in Implementing a Metrics-Driven Diversity, Equity, and Inclusion Program

Dickinson Wright on 5/17/2021

For many employers, diversity, equity, and inclusion (“DEI”) programs are no longer mere “add-ons” to existing human resources initiatives—they are essential to conducting business in the current climate. The events of...more

An Employer's Guide To Addressing Workplace Diversity

Proskauer Rose LLP on 10/27/2020

Recent events and attendant social justice movements have thrust long-standing racial inequities into the spotlight and ignited a national and global conversation. That conversation has not only taken place in the streets,...more

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

Fisher Phillips on 10/13/2020

As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

The Top 5 (Non-COVID-19) Developments In Dealership Employment Law

Fisher Phillips on 8/5/2020

You have probably seen a lot of coronavirus news alerts lately, but as a car dealer, you already know that germs are not the only things that can cause headaches. Virus or no virus, the law is still going to change and...more

Good Faith Belief Leads To Employer Victory In Bias Claim

Fisher Phillips on 12/11/2019

Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good...more

#MeToo sexual harassment claims against court clerk go to jury trial

Butler Snow LLP on 11/8/2019

Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

A Summary of the Latest Changes to the New York State Human Rights Law

Mintz - Employment Viewpoints on 6/28/2019

Just before the end of its session, the New York Legislature expanded protections against discrimination and harassment under the New York State Human Rights Law (NYSHRL). The Governor still has to sign the new bill into law,...more

The BakerHostetler Quarterly New York Employment Newsletter

BakerHostetler on 10/4/2018

Welcome to the second edition of The BakerHostetler Quarterly New York Employment Law Newsletter. We are pleased to share our analysis of some key employment trends, in-depth discussions regarding recent developments and what...more

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Bradley Arant Boult Cummings LLP on 9/13/2018

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

Reminder for NYC Employers: Sexual Harassment Compliance Begins Today!

Mintz - Employment Viewpoints on 9/6/2018

Now that Labor Day is behind us, we are looking ahead to the various compliance deadlines facing New York State and New York City employers this fall. As a reminder, beginning today, September 6, 2018, all New York City...more

Protecting Employees From Patient Harassment: It’s No Laughing Matter

Fisher Phillips on 8/2/2018

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more

Two Guys Walk into a Wine Bar… Not a Joke as Another Court Recognizes Claim for Harassment Based on Sexual Orientation

Bradley Arant Boult Cummings LLP on 4/10/2018

I have told clients for years that they ignore claims based on sexual orientation at their peril, and another court is backing me up. An Arizona federal district court just ordered a wine bar to pay real money ($100,000) to...more

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

Fisher Phillips on 2/27/2018

Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Harvey Weinstein Case Brings Sexual Harassment Back to the Spotlight

Cozen O'Connor on 10/20/2017

The Harvey Weinstein case has brought a spotlight to a problem that has plagued not only Hollywood but other professions as well. While Corporate America has largely cleaned up its act and instituted robust anti-harassment...more

Best practices for employers under the EEOC’s new strategic enforcement plan

McAfee & Taft on 6/28/2017

The Equal Employment Opportunity Commission has announced its “Strategic Enforcement Plan” for years 2017 to 2021. The 2017 plan replaces the earlier version, issued in 2012, but is not a radical departure from the previous...more

EEOC Strategic Enforcement Plan for 2017-2021

Bass, Berry & Sims PLC on 11/14/2016

The Equal Employment Opportunity Commission (EEOC) recently revealed its Strategic Enforcement Plan for 2017-2021. Of course, this Plan was developed before the election of Donald Trump as President. Thus, the information...more

How to Address and Prevent Systemic Sexual Harassment in the Workplace

JD Supra Perspectives on 10/20/2016

With sexual harassment suits carrying multimillion-dollar price tags, what can employers do to avoid the sting of litigation?...more

Employment Law Commentary, March 2016

Morrison & Foerster LLP on 3/31/2016

The California Fair Employment And Housing Council Issues Proposed Regulations To Limit Consideration Of Criminal History In Employment Decisions - Employers take great measures to avoid hiring dangerous employees—not...more

Employment Law - October 2015 #2

Manatt, Phelps & Phillips, LLP on 10/19/2015

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Unfortunately, Offensive Racial Comments Don’t Always Get You Fired (At Least Under Labor Law)

Foley & Lardner LLP on 6/24/2015

Under the National Labor Relations Act, certain union activities are considered “protected.” That is, employees engaging in union activity, or union representatives carrying out their duties in the context of grievance...more

Sixth Circuit Contradicts New TN Supreme Court Decision Regarding Retaliation Claims

Miller & Martin PLLC on 4/30/2015

Last month, the Tennessee Supreme Court narrowed the definition of retaliation under state law. Less than one month later, the Sixth Circuit Court of Appeals (which has jurisdiction over Tennessee, Michigan, Ohio and...more

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