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Hostile Environment Retaliation Employer Liability Issues

Troutman Pepper Locke

Workplace Investigations – One Size Does Not Fit All

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Over the last few years, employers have faced new and expanded obligations under state and federal employment laws relating to prohibition of discrimination, harassment, and retaliation in the workplace. These changes stem...more

Polsinelli

EEOC Guidance on DEI-Related Discrimination in the Workplace

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On March 20, 2025, the Equal Employment Opportunity Commission (EEOC) issued two key pieces of guidance: What To Do If You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Taco Bell Franchisees for Sexual Harassment and Retaliation

Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more

FordHarrison

EntertainHR: BTS of “It Ends With Us”: Speaking out on Social Media

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Happy Holidays and Happy New Year! If you’re anything like me, you spent your holidays watching “It Ends With Us,” a romantic drama film based on Colleen Hoover’s best-selling novel, and catching up on the Blake Lively v....more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

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

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

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

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

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

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

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

Console and Associates, P.C.

New Report Shows Over Five Percent of All Employment Lawsuits Are Filed in the Central District of California

State and federal laws impose a duty on employers to respect employees’ rights and provide them with certain benefits. However, because employment disputes often involve a mix of state and federal claims, most of these cases...more

Console and Associates, P.C.

More Employment Cases Were Filed in the Eastern District of New York than Almost Anywhere Else in the U.S.

Employers have a legal duty to ensure a safe, healthy workplace and to pay employees fairly for their work. This includes an obligation to treat employees fairly and respect their individual differences. When an employer’s...more

Console and Associates, P.C.

Employment Discrimination Cases Surge in Southern District of New York, According to Recent Report

State and federal laws impose a duty on employers to respect employees’ rights and provide them with certain benefits. However, because employment discrimination claims and other employment disputes often involve a mix of...more

Mintz - Employment Viewpoints

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...more

Bond Schoeneck & King PLLC

Second Circuit Clarifies Federal Law on Employment Retaliation Claims

In a recent decision, the U.S. Second Circuit Court of Appeals, the federal appeals court covering New York and adjacent states, sought to clarify the federal law standard for evaluating retaliation claims under the principal...more

Foley & Lardner LLP

Blurred Lines for Today’s Workplace: Employer Liability for Employee Conduct Outside of the Traditional Workplace

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In a post-pandemic world, the four walls of the office no longer define the workplace. With more and more employees working either remotely or in hybrid roles, employers need to be mindful of their obligations to ensure that...more

Lewitt Hackman

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

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A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more

Lathrop GPM

Michigan Federal Court Denies Franchisor’s Motion to Dismiss Claims of Sexually Hostile Work Environment and Retaliatory...

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A federal court in Michigan recently denied a franchisor’s motion to dismiss claims alleging that it was liable as a joint employer for claims under Title VII of the Elliott-Larsen Civil Rights Act, Michigan’s state...more

Amundsen Davis LLC

“Hostile Work Environment”: Beyond the Buzz Words

Amundsen Davis LLC on

It is more and more common for employers to hear employee allegations of a “hostile work environment,” “harassment” or a “toxic workplace.” In some instances current or former employees are using those terms as a defense...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Enforge, LLC for Sexual Harassment and Retaliation

Auto Parts Company Fired Employee After Reporting Harassment and Complaining That Coworker Exposed Himself, Federal Agency Charges - WINSTON-SALEM, N.C. – Enforge, LLC, a Michigan-based tie rods and automotive parts...more

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