What's the Tea in L&E? "Passive" Harassment: When Does Workplace Decor Contribute to a Hostile Environment?
What's the Tea in L&E? Truth Hurts or Rumors? Lizzo’s Harassment Allegations Serve As A Good Reminder
Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective
The Labor Law Insider - Pause Before You Discipline: NLRB Turns Against Civility in Lion Elastomers Decision
Labor & Employment Law: Vermont and Federal Legislative Update
Politics at Work
Employment Law Now: III-47 - New York, New World
III-41- Things That Make You Go “Hmmm” in Employment Law
Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more
Last week, Attorney General Karl Racine announced a new lawsuit against the Washington Commanders, team owner Dan Snyder, the NFL, and NFL Commissioner Roger Goodell for “colluding to deceive DC residents about an...more
The U.S. Supreme Court has made clear that federal courts will not serve as a super HR department for employees who complain about unpleasant work conditions. Every worker is expected to tolerate a certain level of obnoxious...more
As anyone who has worked in a customer-facing job can tell you, dealing with difficult customers often comes with the territory. However, when customer behavior crosses a line into illegal conduct like sexual harassment, both...more
Seyfarth Synopsis: In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and...more
The Eighth Circuit Court of Appeal’s recent decision in Lopez v. Whirlpool Corp. reminds employers and employees alike that an employer may not be liable for co-worker sexual harassment when the complaining employee resigns...more
The #MeToo movement continues to echo in the halls of state legislatures. On March 4, 2020, New Mexico became just the latest state among many to enact legislation limiting the use of nondisclosure agreements in the context...more
Seyfarth Synopsis: After over a decade of litigation between the EEOC and trucking company CRST Van Expedited, the Eighth Circuit recently affirmed a federal district court’s order requiring the EEOC to pay $3.3 million in...more
Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more
The Fourth Circuit’s recent decision in Evangeline Parker v. Reema Consulting Services, Incorporated, 915 F.3d 297 (4th Cir. 2019) grabbed headlines for its controversial ruling that workplace gossip can support a sex...more
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
The #MeToo movement has had an enormous impact on corporate America. Workplace harassment and sexual misconduct are not new concepts and have been the focus of litigation for many years. However, the power of the #MeToo has...more
Seyfarth Synopsis: In response to the #MeToo movement, several states have passed legislation aimed at combatting workplace sexual harassment. ...more
Effective immediately, an amendment to New Jersey’s Law Against Discrimination (“LAD”) signed into law on March 18, 2019, invalidates any provision of an employment agreement which “waives any substantive or procedural right...more
Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially...more
On December 26, 2018, in the case of Amy Swyear v. Fare Foods Corporation, the Seventh Circuit affirmed a ruling granting summary judgment to a defendant-employer on several claims relating to the treatment and termination of...more
Happy New Year! As we turn the calendar to 2019, employers across the country are taking stock of recently-enacted workplace regulations on a wide variety of topics....more
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
A recent decision from the New York Appellate Division is a clarion call to employers in New York City of the legal risks they face for workplace harassment claims and the need for diligence in their harassment training and...more
In its 1998 Oncale decision, the U.S. Supreme Court recognized that same-sex sexual harassment can violate Title VII’s gender discrimination prohibitions. However, the court noted that in order to demonstrate violation of the...more
Recently, a California company settled a U.S. Equal Employment Opportunity Commission (“EEOC”) sexual harassment lawsuit by consent decree for $3.5 million. Additionally, and as part of the settlement, the company will hire a...more
Courts have ruled that employees who work with clients with diminished capacity present different challenges when establishing whether the nonemployee’s alleged harassment affected the terms and conditions of the employee’s...more
Allegations of sexual harassment have dominated headlines, most visibly with the #MeToo campaign. Sexual harassment complaints, and the laws that attempt to curb the behaviours, are not new. ...more
In this #MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of peril, companies should remember that if they are doing the right thing—having...more
Seyfarth Synopsis: In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture. ...more