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Supervisors Vicarious Liability

Robinson & Cole LLP

Legal Update: Connecticut Supreme Court Adopts SCOTUS Definition of “Supervisor” for Establishing Vicarious Liability for Hostile...

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On August 1, 2024, the Connecticut Supreme Court ruled in O’Reggio v. Commission on Human Rights and Opportunities that the definition of “supervisor” set forth by the U.S. Supreme Court in Vance v. Ball State University to...more

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

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

Connecticut Supreme Court Adopts Federal Definition of ‘Supervisor’ for State Law Hostile Work Environment Claims

A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...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

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

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

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

Haight Brown & Bonesteel LLP

Duty to Prevent Harm and Duty to Disclose are Both Part of General Duty to Exercise Reasonable Care

In Doe v. Superior Court (filed 5/29/15, No. H040674), the California Court of Appeal, Sixth Appellate District, held that a defendant’s reasonable duty of care to prevent harm to a minor and her parents encompassed the duty...more

Mintz - Employment, Labor & Benefits...

You Take the Good, You Take the Bad: NJ High Court Offers Employers Avenue to Limit Vicarious Liability in Harassment Suits; But...

In Aguas v. State of New Jersey, the New Jersey Supreme Court recently adopted an affirmative defense—available under federal law since 1998—allowing employers to use their anti-harassment policies to limit vicarious...more

Ballard Spahr LLP

N.J. Supreme Court Decision in Harassment Case Mixed Bag for Employers

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The New Jersey Supreme Court recently decided two key issues affecting claims of supervisory hostile work environment sexual harassment under the New Jersey Law Against Discrimination (“NJLAD”). In Aguas v. State of New...more

Proskauer - Law and the Workplace

N.J. High Court Adopts Faragher-Ellerth Defense for LAD Sexual Harassment Claims

Last week, in Aguas v. New Jersey, No. A-35-13 (Feb. 11, 2015), New Jersey’s high court embraced the federal Faragher-Ellerth defense for claims alleging vicarious liability for supervisory sexual harassment under New...more

Cole Schotz

New Jersey Supreme Court Erects New Hurdle for Harassment Plaintiffs To Overcome

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Last week, the New Jersey Supreme Court analyzed the impact of an employer’s anti-harassment policy on an employee’s claims of negligence, recklessness and vicarious liability against employers under the New Jersey Law...more

Gray Reed

The Supreme Court Narrows The Definition Of “Supervisor” – The Cat’s Meow For Corporations

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Ellen Tabby, an African-American, has worked for Binge and Purr, a cat food manufacturing company, for several years....more

Benesch

Supreme Court Clarifies When an Employee is a Supervisor Under Title VII

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In a 5-4 decision that represents a major victory for employers, the U.S. Supreme Court held that an employee must have the power to take tangible employment actions against another worker in order to be considered a...more

Fenwick & West LLP

Fenwick Employment Brief - July 2013

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In a favorable decision for employers, the U.S. Supreme Court in Vance v. Ball State University ruled that employers are strictly liable for harassment by a supervisor where the supervisor is empowered to take tangible...more

Stoel Rives LLP

Part 2 of 2: Supreme Court Rules That "Supervisors" Under Title VII Must Have Power to Take Tangible Employment Actions

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On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar. Today, we’ll...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Proskauer - California Employment Law

Employers Win Big In Two New U.S. Supreme Court Cases

The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action....more

Burr & Forman

Burr Alert: Historic Supreme Court Term Includes Two Favorable Decisions For Employers

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News agencies flocked to Washington D.C. to witness the end of the United States Supreme Court's October 2012 term expecting something momentous. Handing down historic decisions on such controversial issues as affirmative...more

Stinson LLP

Employment And Labor Insight: Employers Win Big Before The U.S. Supreme Court

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As the United States Supreme Court wraps up its term, employers should take note of three decisions issued this past Monday, June 24....more

Littler

The Supreme Court Clarifies Who Is a Supervisor Under Title VII

Littler on

In a 5-4 decision, the U.S. Supreme Court decided what the definition of a "supervisor" is for purposes of assessing liability for unlawful harassment under Title VII. The Court ruled that an employer will be vicariously...more

Morgan Lewis

Supreme Court Issues Two Important Title VII Opinions

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Divided Court holds that a "supervisor" must be empowered to take tangible employment actions for vicarious liability under Title VII to apply and that Title VII retaliation claims are subject to a higher "but-for" causation...more

Proskauer Rose LLP

Supreme Court Adopts an Employer-Friendly Definition of "Supervisor" for the Faragher/Ellerth Analysis

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On June 24, 2013, the United States Supreme Court issued its opinion in Vance v. Ball State University, No. 11-556, 570 U.S. ___ (2013), holding that an employee is a "supervisor" for purposes of vicarious employer liability...more

McNees Wallace & Nurick LLC

Supreme Court Issues Two Title VII Decisions Favorable For Employers

At our recent Labor and Employment Law Seminar, we highlighted a number of outstanding legal cases that have the potential to have a significant impact on employer liability. ...more

Eversheds Sutherland (US) LLP

Legal Alert: Supreme Court Provides Two Decisive Victories for Employers in Title VII Cases

On June 24, 2013, a divided U.S. Supreme Court issued much-anticipated decisions in two Title VII cases in which the Court provided some needed certainty and relief to employers on the front lines of employment litigation. In...more

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