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Sexual Harassment Vicarious Liability

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

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In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...more

Clark Hill PLC

Michigan Supreme Court: No Vicarious-Liability Cause of Action for Student-on-Student Sexual Harassment Under ELCRA

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On July 29, 2024, the Michigan Supreme Court held in Doe v. Alpena Public School District that the state’s civil rights law, Elliott-Larsen Civil Rights Act (“ELCRA”), does not provide a cause of action against an educational...more

Miller Canfield

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

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Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more

K&L Gates LLP

Kneale v Footscray Football Club Ltd – Cautions for Both Sides of Institutional Abuse Claims

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The question of vicarious liability in the context of nonemployment relationships has been a key issue confronting courts dealing with institutional sexual abuse claims. Indeed, the High Court of Australia will soon deliver...more

Littler

Ontario, Canada Court Confirms Sexual Harassment Not an Independent Tort

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Employee filed action against company vice president for sexual harassment and sexual assault, and against company for vicarious liability for the sexual harassment. Court confirmed that sexual harassment is not an...more

Stikeman Elliott LLP

Ontario Court Affirms that Workplace Sexual Harassment is not an Independent Tort

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The Ontario Superior Court of Justice recently released a decision, Incognito v. Skyservice Business Aviation Inc., 2022 ONSC 1795 (“Skyservice”), in which it struck out a Plaintiff’s claim for vicarious liability against her...more

Wiley Rein LLP

Definition of Third-Party Wrongful Act and Sexual Misconduct Exclusion Bar EPL Coverage for Claim Alleging Negligent Supervision

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The New York Appellate Division has held that a lawsuit against a children’s non-profit organization alleging negligent supervision of staff accused of sexually molesting children in the organization’s care was excluded from...more

King & Spalding

Holiday Season Parties: An Employer's Guide to Avoiding Legal Hangovers

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The festive season is almost upon us, bringing with it the (in)famous office holiday party. This event is a great opportunity for employers to reward hard work, strengthen team culture and blow off steam. Additionally, this...more

Genova Burns LLC

NJ Appellate Narrows the Road in Auto Dealership’s Sexual Harassment Case

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On May 18, 2021, in McBride v. Atlantic Chrysler Jeep, the New Jersey Appellate Division revived a Sales Consultant’s hostile work environment case against a car dealership after the Law Division previously dismissed it in...more

Pillsbury - Policyholder Pulse blog

Reopening Workplaces: Employer Insurance Coverage for Sexual Harassment Claims Against Employees

For both good and ill, the COVID-19 pandemic has altered every facet of personal and professional life. For example, many employees have enjoyed unprecedented freedom to work remotely. However, with vaccines becoming more...more

FordHarrison

Employers in BET’s Twenties Test the Waters with Respect to Sexual Harassment and Discrimination

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In its “Enforcement Guidance: Vicarious Liability for Unlawful Harassment by Supervisors,” the U.S. Equal Employment Opportunity Commission (EEOC) notes, “The standard for employer liability for hostile work environment...more

Burr & Forman

South Carolina Employment Law Letter: 4th Circuit delivers blow to Title VII punitive damages

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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

Mayer Brown

Fourth Circuit Reverses Findings Of Vicarious Punitive Liability Under Title VII And North Carolina Law

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Making important law on the question of vicarious liability for punitive damages, the Fourth Circuit recently reversed awards of punitive damages under Title VII and North Carolina law in Ward v. AutoZoners....more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

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Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Massachusetts Companies Need To Know

In 2017, following public allegations against notable figures such as Hollywood producer Harvey Weinstein, the #MeToo movement took on national prominence. A movement of empowerment, #MeToo aims to strengthen sexual...more

Parker Poe Adams & Bernstein LLP

Prior Harassment Claims Do Not Eliminate Employer's Use of Faragher-Ellerth Defense

Under Title VII, employers are vicariously liable for incidents of sexual harassment engaged in by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court acknowledged a limited defense to claims of...more

Husch Blackwell LLP

Corporations Exposed To Liability Under The Illinois Gender Violence Act

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Key points: Corporations may be held vicariously liable for employee conduct under the Illinois Gender Violence Act. An Illinois appellate court justified the imposition of liability as a consequence of expanding...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Seyfarth Shaw LLP

The Fourth Circuit Reiterates that Employers’ Exposure to Vicarious Liability is Not Boundless

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Seyfarth Synopsis: The Fourth Circuit has issued a reminder of the boundaries of employer liability for defamation where there is no nexus between the employee’s offensive speech and the individual’s workplace...more

Saul Ewing LLP

Third Circuit Applies #MeToo to Faragher-Ellerth

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On July 3, 2018, the Third Circuit issued an opinion in Minarsky v. Susquehanna County, et al. overturning a district court's granting of summary judgment to an employer against an employee's sexual harassment claim under the...more

Carlton Fields

‘Me Too’ Coverage Implications For Employers

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When an employer negligently supervises an employee who commits separate acts of sexual harassment against three different co-workers on separate occasions, how many “occurrences” are there under a standard commercial general...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

FordHarrison

Sixth Circuit Holds Employer Not Vicariously Liable For Actions Of Alleged Supervisor In Title VII Same-Sex Sexual Harassment...

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Recently, the United States Court of Appeals for the Sixth Circuit in Hylko v. U.S. Steel Corporation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging same-sex sexual harassment...more

Seyfarth Shaw LLP

Sixth Circuit Shuts Down EEOC’s Appeal In Sex Harassment Suit

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Seyfarth Synopsis: In a sexual harassment lawsuit brought by the EEOC, the Sixth Circuit affirmed a U.S. District Court’s grant of an employer’s motion for summary judgment after finding that the harassing employee was not a...more

Fisher Phillips

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

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The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required...more

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