News & Analysis as of

Hostile Environment Retaliation

FordHarrison

From Office Romance to Courtroom Drama: Lessons from ‘Presumed Innocent’

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Raymond Horgan, the District Attorney of Kindle County, declares “it’s Rusty’s case,” in the premier of Apple TV+’s legal thriller, Presumed Innocent. The “case” concerns the brutal murder of Carolyn Polhemus, a respected...more

Hinshaw & Culbertson - Employment Law...

How the EFAA Applies to Employee Arbitration Agreements in Sexual Harassment Cases Involving Conduct That Preceded the Law’s...

On August 12, 2024, the Second Circuit held that a plaintiff's hostile work environment claims were subject to the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 ("EFAA"), even though...more

U.S. Equal Employment Opportunity Commission...

Balfour Beatty Infrastructure, Inc. to Pay $80,000 to Settle EEOC Sexual Harassment and Retaliation Suit

Federal Agency Charged Construction Company Allowed Sexual Harassment of Female Truck Driver and Retaliated Against Her After She Complained - RALEIGH, N.C. – Balfour Beatty Infrastructure, Inc., a highway construction...more

U.S. Equal Employment Opportunity Commission...

J.A. Croson Pays $1.6 Million to Settle EEOC Racial Harassment and Retaliation Lawsuit

Plumbing Contractor Will Compensate Black and Hispanic Plumbers Subjected to Racially Hostile Work Environment and Retaliation - TAMPA, Fla. – J.A. Croson, a Sorrento, Florida-based plumbing and HVAC contractor, agreed to...more

Payne & Fears

July 2024 Case Summaries

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Summary: Courts must consider allegations of a racially hostile workplace “from the perspective of a reasonable person belonging to the racial or ethnic group of the plaintiff.” Under this framework, “a single racial epithet...more

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

Second Circuit Ruling Clarifies Reach of EFAA Under Continuing Violation Doctrine in Sexual Harassment Cases

The Second Circuit Court of Appeals recently held that under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA), a hostile work environment “accrues” for purposes of the EFAA each time a...more

Foley & Lardner LLP

California Supreme Court Affirms Single Comment Can Constitute Harassment and Addresses Standard for Retaliation

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In a July 29, 2024, opinion, the California Supreme Court reaffirmed that a single use of a racial epithet can be severe enough to be actionable harassment under the California Fair Employment and Housing Act (FEHA)....more

Perkins Coie

AZ Court Grants Summary Judgment for Employer on Hostile Work Environment and Retaliation Issues

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In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging...more

U.S. Equal Employment Opportunity Commission...

Charlotte IHOP to Pay $40,000 in EEOC Religious Discrimination and Retaliation Suit

Settles Federal Agency Charges Restaurant Refused to Honor Religious Accommodation and Fired Employee for Requesting It CHARLOTTE, N.C. –Suncakes NC, LLC, a North Carolina-based company, and Suncakes, LLC, a Texas-based...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues GEM Management For Sexual Harassment

Federal Agency Charges Property Management Company Failed to Remedy Sexual Harassment, Forcing Employee to Resign - INDIANAPOLIS – GEM Management, LLC, a property management company specializing in affordable housing...more

U.S. Equal Employment Opportunity Commission...

Tres Hijas Berry Farms to Pay $200,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges Raspberry Farms Sexually Harassed and Retaliated Against Farmworker Employees - CAMARILLO, Calif. – Tres Hijas Berry Farms, LLC, will pay $200,000 and furnish injunctive relief to settle a sexual...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

U.S. Equal Employment Opportunity Commission...

Pacific Culinary and CB Foods to Pay $245,000 in EEOC Sexual Harassment and Retaliation Lawsuit

LOS ANGELES – California-based Asian food companies Pacific Culinary Group, Inc. and CB Foods, Inc. will pay $245,000 and furnish injunctive relief to settle a U.S. Equal Employment Opportunity Commission (EEOC) sexual...more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Bracewell LLP

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

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The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more

Foley & Lardner LLP

EEOC’s New Harassment Enforcement Guidelines: A Good Primer for Addressing Workplace Harassment and Retaliation

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited workplace harassment and enforcement guidelines to help employers understand what type of conduct the agency considers to be...more

U.S. Equal Employment Opportunity Commission...

Erie Construction to Pay $99,000 to Settle EEOC Sex Discrimination and Retaliation Suit

Home Construction Company Settles Claims That It Fired Sales Representative Because of Her Sex and Opposition to a Sexually Hostile Work Environment - BIRMINGHAM, Ala. – Erie Construction Mid-West, LLC, a construction...more

U.S. Equal Employment Opportunity Commission...

Amerigo Italian Restaurant Owner Companies Pay $60,000 in EEOC Discrimination Suit

Restaurant Settles Federal Charges It Subjected Gay Employee to Hostile Work Environment At Its Memphis Restaurant, Then Fired Him for Complaining - MEMPHIS, Tenn. – J.H.S. Holdings, LLC, and 4Top Hospitality Group, Inc.,...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

Proskauer - Law and the Workplace

Second Circuit Ruling Could “Impact” Discrimination Claims Brought by Remote Workers under NYS Human Rights Law

In King v. Aramark Services, Inc., No. 22-1237 (March 20, 2024), a Second Circuit panel affirmed the dismissal of claims under the New York State Human Rights Law (“NYSHRL”), concluding that under New York’s “impact test,”...more

U.S. Equal Employment Opportunity Commission...

Shane’s Rib Shack Franchisees to Pay $56,500 in EEOC Sexual Harassment and Retaliation Lawsuit

Restaurant Franchisor Settles Federal Charges It Subjected Teenage Employee to Sexually Hostile Work Environment, Then Fired Her for Complaining - ATLANTA – RSPS Holdings and SRS Milledgeville, franchisors of the popular...more

Conn Maciel Carey LLP

The easier-to-satisfy “contributing factor” framework is enough to prove whistleblower protection under the Sarbanes-Oxley Act.

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The Sarbanes-Oxley Act (“Act” or ”SOX”) shields whistleblowers from retaliation for reporting any wrongdoing by publicly traded companies. Recently, in Murray v. UBS Securities, LLC, the U.S. Supreme Court evaluated the...more

U.S. Equal Employment Opportunity Commission...

Sandia Transportation Reaches $97,500 Settlement with EEOC in Harassment Case

Settlement Resolves Federal Lawsuit Alleging Owner Discriminated Against Female and Lesbian Employees - ALBUQUERQUE, NM – Sandia Transportation, L.L.C. has agreed to pay $97,500 to settle an employment discrimination...more

Tucker Arensberg, P.C.

Staffing Agency Employee Considered a School District Employee for Title VII Claim

Tucker Arensberg, P.C. on

In 2022, Khalil Larkin worked for a staffing agency, U.S. Medical, which contracted with Upper Darby School District to provide temporary staffing to the school district. U.S. Medical placed Larkin at Beverly Hills Middle...more

U.S. Equal Employment Opportunity Commission...

Sunshine Raisin / National Raisin to Pay $2 Million in EEOC Sexual Harassment Lawsuit

Dried Fruit Supplier Settles Federal Charges It Harassed and Retaliated Against Female Farmworkers - FRESNO, Calif. – Sunshine Raisin Corp., doing business as National Raisin, will pay $2 million and furnish extensive...more

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