|
|
|
 Article Index » sexual harassment: 10 Most Recent Articles Report Link Harsh Reminder: Supervisors Need to Respond Promptly and Effectively to Suspected Sexual Harassment.Buchanan Ingersoll & Rooney PC - December 18, 2009 The U.S. Court of Appeals for the Second Circuit recently ruled in Duch v. Jakubek, 2009 WL 4421267 (2d Cir. 2009), that a jury reasonably could find that a supervisor who ignored facts regarding suspected workplace sexual harassment had constructive knowledge of the harassment and, thereby, exposed his employer to liability under Title VII of the Civil Rights Act. Report Link Weird Sexual Harassment Cases In the News.Young Conaway Stargatt & Taylor, LLP - December 15, 2009 Two high-profile sexual-harassment cases are in the news. One is just beginning, the other has come to a close. Report Link Do Love Contracts At Work Make Sense? Documenting Voluntary Employee Romances.Fisher & Phillips, LLP - November 24, 2009 "Love contract," is the common phrase that refers to a written confirmation that two employees' romantic relationship is voluntary, and that they both understand and know how to use employer policies that deal with harassment in the workplace. Report Link TOP 10 WAYS TO DEAL WITH WORKPLACE ROMANCES.Shaw Valenza LLP - October 23, 2009 The recent spotlight on David Letterman’s alleged affairs with female subordinates is a useful reminder for careful employers: create a systematic plan for dealing with workplace harassment and romantic relationships. And then follow it. Report Link Eighth Circuit Permits Evidence of Other Harassment Complaints to Employer as Probative.Jackson Lewis LLP - October 12, 2009 A federal appeals court in St. Louis has determined that evidence of other sexual harassment instances and complaints brought to an employer’s attention can be considered to show the severity and pervasiveness of a hostile work environment and of the employer having constructive notice of this workplace problem. Sandoval v. American Bldg. Maintenance Indus., No. 08-2271 (8th Cir. Aug. 26, 2009). The Court also clarified the circumstances in which a parent company and its wholly-owned subsidiary will be considered an “integrated enterprise” so that the parent will be considered an employer liable to the subsidiary’s employees for the subsidiary’s conduct. The Eighth Circuit has jurisdiction over Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota. Report Link Investigating Claims of Harassment.Fisher & Phillips, LLP - August 07, 2009 Your human resources director has brought you a tough one: one of your sales employees has complained that her Sales Manager harassed her sexually, and had made disparaging racial remarks about a customer. You're stunned because the manager has been a good performer, generating good numbers and seems like a real straight arrow guy. What do you do? Report Link Employer Not Entitled to Summary Judgment When Its Corrective Measures Failed to Curtail Harassment.Jackson Lewis LLP - July 29, 2009 Reversing summary judgment in favor of the employer on an employee’ s racial and sexual harassment claims, the federal appeals court in Richmond has ruled that the Equal Employment Opportunity Commission presented sufficient evidence of harassment, and of the employer’ s failure to remedy the alleged harassment, that the case should go to a jury. EEOC v. Central Wholesalers, Inc., No. 08-1181 (4th Cir. Jul. 21, 2009). The Court found that based on the facts construed most favorably to the plaintiff, as is appropriate in passing on summary judgment, a jury could conclude that the employer failed to respond in a timely manner to the employee’ s complaints with actions reasonably calculated to end the harassment. The employer’ s response, therefore, was “not sufficient … to warrant summary judgment.” Report Link Supervisors Without Authority to Affect Employment Status of Other Workers Are not “Managers” for Purpose of Title VII.Ogletree Deakins - June 25, 2009 The basis of an employer’s liability for a claim of hostile work environment under Title VII depends upon whether the harasser is the complainant’s supervisor or merely a co-worker. When a hostile work environment is created by a co-worker, the employer is liable only if the employer failed to provide an avenue for reporting the harassment, or if the employer knew or should have known of the harassment but failed to take prompt and appropriate remedial action. Under Title VII, an employer “knew or should have known” about workplace harassment if “management level employees had actual or constructive knowledge about the existence of a sexually hostile environment.” Therefore, once a management level employee has enough information to raise the probability of sexual harassment in the mind of a reasonable employer, the employer is deemed to be on constructive notice of that harassment. Report Link Damned If You Do, Damned If You Don't: Terminating Accused Harasser Can Lead to Liability for "Sex Stereotyping"Littler Mendelson, P.C. - June 23, 2009 Most employers are well aware of their obligation to promptly and thoroughly investigate complaints of sexual harassment. Although the right to an adequate investigation is most commonly associated with the alleged victim, a recent decision by the Second Circuit Court of Appeals (covering New York, Connecticut, and Vermont) illustrates that an employer's failure to investigate can lead to claims by the accused harasser as well. Report Link Third Circuit Clarifies Definition of Management-Level Employee in Harassment ClaimsLittler Mendelson, P.C. - June 19, 2009 On June 8, 2009, the U.S. Court of Appeals for the Third Circuit handed down a decision that may narrow employers' liability in hostile work environment claims involving co-worker harassment. In Huston v. Procter & Gamble Paper Products Corp., the Third Circuit held that an employee with mere supervisory authority does not qualify as a "management-level" employee and therefore the supervisory employee's knowledge of alleged co-worker harassment is not imputed to the employer.
|
ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
A Littler OFCCP Webinar Series
Webinar
March 15, 2010 LittlerCreating and Keeping Employment Law RecordsWebinar
March 16, 2010 Fisher & PhillipsUsing Serengeti Tracker - More Than a Matter Management ToolPortland
March 16, 2010 LittlerWho Says Social Networking Is Just for Kids?Indianapolis
March 16, 2010 LittlerAdvanced Executive BriefingJacksonville
March 17, 2010 ConstangyManaging Intermittent Leave and the Medical Certification Process Under FMLAWebinar
March 17, 2010 Fisher & PhillipsWho Says Social Networking Is Just for Kids?Chicago
March 17, 2010 LittlerHR Madness: The Road to a Winning WorkplaceJacksonville
March 18, 2010 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late To ComplyOntario
March 18, 2010 Fisher & PhillipsUnder Pressure: What You Need to Know About Immigration Regs. to Keep Your Health Care OrganizationWebinar
March 18, 2010 Vedder Price |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2010 elinfonet.com, llc.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds