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Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more
In Café La Foret Ltd. v. Cho, 2023 BCCA 354, the British Columbia Court of Appeal (BCCA) upheld a lower court’s determination that an employee’s sexual harassment of his subordinate was not sufficiently serious to justify his...more
As we have previously reported, jury verdicts in employment cases have continued to skyrocket in recent months, and there is no sign they are leveling off. Late last week, a Los Angeles Superior Court jury awarded a total of...more
Under Title VII, an employer can be held liable for retaliation by a non-supervisory co-worker if (1) the conduct is sufficiently severe to dissuade a complaint of discrimination; (2) management was aware of the behavior; and...more
In a recent case involving multiple issues—Title VII of the Civil Rights Act of 1964, constructive discharge, and state law claims among them— the U.S. 4th Circuit Court of Appeals (which covers South Carolina employers)...more
Punitive damages are an extraordinary remedy under Title VII, and in order to obtain them, the plaintiff must satisfy a higher standard. Nonetheless, the threat of substantial punitive damages under Title VII should put...more
Seyfarth Synopsis: The 4th Circuit rejected a punitive damages award won by a male AutoZone worker who accused the Company of blatantly ignoring complaints of sexual harassment by his female co-worker, finding that managers...more
New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...more
In recent months, the New York State legislature has enacted amendments to the New York State Human Rights Law (“NYSHRL”) and other laws aimed at expanding protections against discrimination and harassment. The laws emphasize...more
New York Governor Andrew M. Cuomo on August 12 signed into law new legislation expanding employee protections against discrimination and harassment. Among the key provisions are a lower standard for proving harassment,...more
On June 19, 2019, the New York Legislature voted to reform New York discrimination law. See NYS Assembly Bill No. A8421. Although Governor Andrew Cuomo is expected to sign the bill, as of August 7, 2019, it still has not...more
The New York State Legislature passed several bills at the end of its 2019 session which, yet again, will impact New York employers. Some of the new legislation further amends laws that were implemented last year, which...more
New York State is on its way to enacting comprehensive reforms to broaden the scope of its discrimination and harassment laws, including one of the most robust anti-harassment bills in the #MeToo era, amendments to the...more
The New York Legislature on June 19, 2019 unanimously passed expansive new protections for protected classes and special protections for employees who have been sexually harassed through a new bill — S.6577. According to its...more
On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more
Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s...more
For the second time this calendar year, a Los Angeles jury ordered an employer to pay $11 million to an employee who claimed to have been sexually harassed. And, once again, the amount of punitive damages ($8 million) dwarfed...more
DENVER - A Chili's restaurant in Cañon City, Colorado, violated federal law by subjecting female employees to sexual harassment and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit...more
On Friday, July 27, after a 3 week trial in Manhattan, a jury awarded $1.25 million in damages to Enrichetta Ravina, a former professor at Columbia University Business School, who claimed that she was denied tenure and forced...more
Seyfarth Synopsis: In E.E.O.C. v. Scott Medical Health Center, P.C. No. CV 16-225, 2017 WL 5493975, at *2 (W.D. Pa. Nov. 16, 2017), a default judgement of liability was entered against the defendant company for sex-based...more
After Employee Complained About Sex Harassment, Staffing Company Ended Her Assignment and Denied Her Future Assignments, Federal Agency Charges - CHICAGO - Anchor Staffing, a Chicago-based staffing agency, violated an...more
Chain of Franchises Subjected Employees to Sexual Harassment and Retaliation, Federal Agency Charges - LAS VEGAS, Nev. - Several franchisees of the popular IHOP restaurant chain in Nevada and New York violated federal law...more
The court’s decision to restore a $500,000 punitive damages award for failure to adequately address a sexual harassment complaint highlights employers’ duty to investigate every allegation and take appropriate remedial...more
When an employer is put on notice of workplace sexual harassment, it must take adequate steps to investigate and take proper remedial action or risk punitive damages. That is the import of a recent ruling by the...more
Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the...more