News & Analysis as of

Hostile Environment Faragher/Ellerth defense

Akerman LLP - HR Defense

Reminder: Promptly Investigate Harassment Complaints

Even though the COVID-19 pandemic and its impact on the workplace has dominated the headlines recently, employers should be careful not to delay investigating non-pandemic-related complaints—particularly those of harassment. ...more

Verrill

Identifying and Handling a Hostile Work Environment

Verrill on

Employee claims of “hostile work environments” continue to make news both in Maine and on a national level, putting potentially embarrassing and damaging workplace and employee interpersonal issues into the public eye. But...more

Seyfarth Shaw LLP

New York State Legislature Passes Major Amendments To Anti-Discrimination and Anti-Harassment Laws

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York State Legislature has passed, and Governor Andrew M. Cuomo is expected to sign, a bill amending the state’s anti-discrimination and anti-harassment laws. The legislation significantly expands...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

Bradley Arant Boult Cummings LLP

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Addressing Workplace Sexual Harassment in the #MeToo Era

Stories of high-profile individuals in politics, media, entertainment and hospitality alleged to have engaged in sexual harassment, or worse, have been breaking at an unprecedented rate. In the wake of these allegations,...more

Poyner Spruill LLP

The Importance of Adopting Effective Policies and Procedures for Handling Harassment in the Workplace

Poyner Spruill LLP on

The news has been filled lately with reports of harassment allegations against all sorts of famous people. From politicians to movie stars, many public figures are finding themselves embroiled in legal battles based on their...more

McAfee & Taft

Faragher/Ellerth defense used to defeat Oklahoma Anti-Discrimination Act claim

McAfee & Taft on

As a recent ruling by the U.S. Court of Appeals for the Tenth Circuit shows, the same employer defenses used to defeat Title VII discrimination claims can also be used to defeat claims under the Oklahoma Anti-Discrimination...more

Proskauer - Law and the Workplace

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

Manatt, Phelps & Phillips, LLP

Employment Law - October 2015 #2

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

Mintz - Employment, Labor & Benefits...

You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

Ballard Spahr LLP

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

Ballard Spahr LLP on

The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

Troutman Pepper

NJ Supreme Court Rules on Supervisor Liability in Hostile Work Environment Sexual Harassment Cases

Troutman Pepper on

On February 11, the New Jersey Supreme Court issued its decision in Aguas v. New Jersey, No. A-35-13 (072467), holding that an employer’s antidiscrimination policy can be an affirmative defense to sexual harassment hostile...more

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

New Jersey Supreme Court Reshapes Sexual Harassment Claims

On February 11, 2015, the New Jersey Supreme Court issued a landmark ruling that will reshape hostile work environment sexual harassment cases brought under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49...more

Akerman LLP - HR Defense

Who Is Really A Supervisor? Employer Liability For Hostile Work Environment Claims

Akerman LLP - HR Defense on

The Supreme Court recently held oral arguments in the case Vance v. Ball State University, 646 F.3d 461 (7th Cir. 2011), which addresses the meaning of a "supervisor" in hostile work environment claims. If the Court applies...more

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