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Article Index » sexual harassment: 10 Most Recent Articles 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. Report Link Retaliation: Creeping Into a Consensual Sexual Relationship Context.Vedder Price - March 17, 2009 The Seventh Circuit recently
held that an employee failed to
establish a retaliation claim
because he did not reasonably
believe he was being sexually
harassed by his supervisor—
the same supervisor with whom
he tried to end a consensual
sexual relationship. Report Link Sexual Harassment Compliance Review: Workplace Romance.Barker Olmsted & Barnier - February 04, 2009 As Valentines Day approaches, some of your employees are getting into a romantic mood—perhaps with their co-workers. Your killjoy lawyer asks a question: Should an employer be concerned about workplace romances? Report Link Breaking Up Is Hard To Do: Love Contracts Can Make It Easier.Fisher & Phillips, LLP - December 04, 2008 A 2007 Spherion Workplace Snapshot survey revealed that approximately 40% of U.S. workers have dated a co-employee, and that another 40% would consider doing so. Inevitably, most workplace relationships end. Some end badly, and many of those result in litigation involving claims of coercion or retaliation, despite the fact that most of these relationships are completely consensual at the outset.
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ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
Top Tips to Protect Your Workplace From Violence
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November 10, 2009 HR Learning Center LLCWorkplace Change in the Obama EraColumbus
November 10, 2009 Littler2009 Employment Practices ConferenceUniversal City
November 10, 2009 Ballard RosenbergFall Employment Law Mini-SeriesTysons Corner
November 10, 2009 LittlerBusiness Continuity During the H1N1 OutbreakWebinar
November 10, 2009 Littler"Action Steps for Upcoming Open Enrollment" Free E-BriefingWebinar
November 10, 2009 Ford & HarrisonLabor and Employment Law SeminarLos Angeles
November 11, 2009 OgletreeHR Network 2009 | RestonReston
November 12, 2009 CooleyThe Labor & Employment Compliance Costs of Federal ContractingWebinar
November 12, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyLa Jolla
November 12, 2009 Fisher & Phillips |
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