News & Analysis as of

Hostile Environment Employee Misconduct

Mintz - Employment Viewpoints

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

NAVEX

The Value of a Platform Approach to Compliance

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Think of it as the compliance version of The Butterfly Effect – a small, unnoticed, action, or failure to act, somewhere in the organization that balloons over time into a much larger, material issue. Maybe an employee is...more

Littler

Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims

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Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more

Steptoe & Johnson PLLC

Romance in the Office

Steptoe & Johnson PLLC on

With employees returning to the physical office, employers are likely going to have to deal with a number of headaches they haven’t had to address during the COVID-19 pandemic. One of these headaches relates to office...more

FordHarrison

Well, That Escalated Quickly

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I am still agog at the Antonio Brown situation several days later. For those of you who don’t follow sports or the NFL, the Tampa Bay Buccaneers’ wide receiver (and generational talent) can be combustible. Since building a...more

Proskauer - California Employment Law

House of Cards: What Employers Can Learn From Kevin Spacey’s Alleged Missteps

Kevin Spacey’s legal troubles have taken a costly turn as the production companies behind Netflix’s House of Cards recently asked a California court to confirm an arbitration award of almost $31 million against Spacey for...more

FordHarrison

DIVERSITY IN THE WORKS: Recognizing and Stopping Microaggressions in the Workplace

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What Are Microaggressions? - “Death by a thousand cuts.” This is what microaggressions feel like to the impacted individual. Dr. Derald Wing Sue, a Columbia University professor and pioneer in the field of cross-cultural...more

Proskauer - Corporate Defense and Disputes

L Brands Settles Derivative Suits

On July 30, 2021, L Brands, the parent company behind Victoria’s Secret and Bath & Body Works, settled a rash of derivatives actions which had alleged “toxic” workplace conditions and “a culture of misogyny” at the company. ...more

McAfee & Taft

Unequal workplace investigation leads to discrimination lawsuit

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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

Fisher Phillips

NLRB Rules That Employers Need Not Tolerate Sexist, Racist, Or Abusive Conduct By Employees Engaged In Otherwise Protected...

Fisher Phillips on

In a critical reversal of Board precedent, the NLRB just unanimously held that employees engaging in abusive conduct in the course of protected concerted activities are not automatically shielded from discipline under the...more

Akerman LLP - HR Defense

The Black Lives Matter Movement and the Workplace

The Black Lives Matter movement, protesting racism, police brutality, and the deaths of George Floyd and other Black Americans, has not only been seen and heard in streets around the world; it has found a new voice in...more

Seyfarth Shaw LLP

5 Key Trends In Workplace Class Action Litigation: Trend #5 Impact Of The #MeToo Movement (UPDATED)

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seemingly overnight, the #MeToo movement emerged as a worldwide social phenomenon with significant implications for the workplace and class action litigation. By 2019, it became clear that the movement is...more

Littler

Canada: Alberta Court of Appeal Reminds Adjudicators to take a Modern Approach to Sexual Misconduct in the Workplace

Littler on

Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more

Littler

Settlement Agreements Cannot Prevent Nevada Employees from Disclosing Workplace Sex Discrimination or Harassment

Littler on

Under a new Nevada law, effective July 1, 2019, employers that settle certain allegations involving sex discrimination or sexual offenses will not be able to bar the claimant from talking about the existence of the...more

NAVEX

High-Profile Sexual Harassment Claims Show a Toxic Culture Can be a Product Defect

NAVEX on

The rapid demise of the Weinstein Co., once one of the most successful movie studios in Hollywood, should have every CEO wondering: What skeletons does my organization have in the closet? And how could they destroy the value...more

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