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Title VII › Hostile Environment › Employer Liability Issues

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
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

Miller Nash LLP

Posting Outside the Office, but Not Outside the Scope of an Employer’s Potential Liability

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Between hybrid work, flexible schedules, online meetings, and the ubiquity of social media, the lines between in and out of office conduct continue to get murkier and create potential tagalong liability that persists for...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

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Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

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Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

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

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

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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

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

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It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Manatt, Phelps & Phillips, LLP

AGs Challenge EEOC’s New Harassment Guidance

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After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition....more

Venable LLP

Equal Employment Opportunity Commission Issues New Guidance on Workplace Harassment

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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finally published its updated guidance on workplace harassment, formalizing the EEOC's position regarding additional protections for employees....more

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

Bradley Arant Boult Cummings LLP on

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

Buchalter

Navigating Workplace Inclusivity: How Employers Can Better Understand and Apply the EEOC’s Recent Guidance on Workplace Harassment

Buchalter on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a...more

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

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The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...more

CDF Labor Law LLP

EEOC Publishes Guidance on Harassment In The Workplace

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On April 29, 2024, the EEOC published its “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). The Guidance updates and replaces the EEOC’s prior guidance documents, discusses the Supreme Court’s 2020...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

U.S. Equal Employment Opportunity Commission... on

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

Non-Consensual Touching Not Comparable to Rude Employee Behavior

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After investigating allegations of sexual harassment and taking disciplinary action, we see a surprising number of claims from the accused harassers that they were actually the victims of alleged discriminatory behavior that...more

Parker Poe Adams & Bernstein LLP

DEI Training Videos Did Not Create Hostile Work Environment

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Employers’ diversity, equity, and inclusion programs have faced recent pushback from employees and others who claim that the contents of training falsely accuse them of systemic bias based on their race....more

Maynard Nexsen

EEOC Issues Proposed Enforcement Guidance on Harassment in the Workplace

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On Oct. 2, 2023, the Equal Employment Opportunity Commission (EEOC) published its Proposed Enforcement Guidance on Harassment in the Workplace in the Federal Register. Public comment to the proposal was open until Nov. 1,...more

FordHarrison

Guidance for Employers to Ensure Workplaces Remain Free from Antisemitism

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Executive Summary: The unprecedented increase in antisemitism in the workplace may subject employers to liability under federal and state laws prohibiting discrimination on the basis of religion, race, national origin and...more

Frantz Ward LLP

EEOC Issues Robust Proposed Enforcement Guidance on Harassment in the Workplace After Stalled Attempt Under Trump Administration

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After a 3-2 vote along political party lines, the EEOC recently voted to publish its Proposed Enforcement Guidance on Harassment in the Workplace, which remains open to public comment until November 1, 2023. When the current...more

Cole Schotz

EEOC Publishes Proposed Guidance on Workplace Harassment

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On October 2, 2023, the United States Equal Employment Opportunity Commission (“EEOC”) issued its long-awaited proposed guidance regarding harassment in the workplace (the “Guidance”). In January 2017, the EEOC published...more

Poyner Spruill LLP

Impending EEOC Harassment Guidance Could Mean Policy Changes for Employers

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The United States Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on September 29, 2023, that explains the legal standards imposed and outlines employer liability with respect to harassment claims...more

Console and Associates, P.C.

Florida Is a Hotspot for Employment Discrimination Claims and Other Employment Lawsuits, According to Recent Report

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Under both state and federal law, employers must pay their employees for the hours they work and are prohibited from discriminating against employees and job applicants. However, whether it is due to implicit bias, putting...more

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