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Report Link Worker's Lack Of Response Dooms Harassment SuitOgletree Deakins - February 11, 2008 A federal appellate court recently dismissed a lawsuit brought by an employee who claimed that her employer subjected her to a hostile work environment. While the employer exercised reasonable care to prevent and correct the alleged harassment, the court held, the employee failed to take advantage of the corrective opportunities offered by the employer. Brenneman v. Famous Dave's of America, Inc., No. 06-1851, Eighth Circuit Court of Appeals (November 16, 2007). Report Link Seventh Circuit Finds Employer's Harassment Complaint Procedures Insufficient.Ogletree Deakins - December 11, 2007 The federal appellate court with jurisdiction over Illinois employers recently reinstated a lawsuit brought against the owner of a fast food restaurant whose manager allegedly verbally and physically propositioned a 16-year-old employee. According to the Seventh Circuit Court of Appeals, the employee who was later fired by her manager because her mother complained about the harassment could proceed with her retaliation claim. The Seventh Circuit also held that the trial judge had improperly granted summary judgment to the employer on the harassment claim where the record reflected that the employer’s policies were both confusing and ineffective. Report Link Effective Harassment Complaint Procedures Must Be Understandable to the Workforce, Appeals Court Rules.Jackson Lewis LLP - November 26, 2007 Ruling that an employer's harassment complaint procedure was ineffective because it was not written in a way that could be easily understood by the teenage workers who comprised the bulk of the employer's workforce, a federal Court of Appeals in Chicago allows a 16-year-old restaurant worker's claims of sexual harassment and retaliation under Title VII to proceed to trial. Report Link Anti-Harassment Measures Help Avoid Liability.Fisher & Phillips, LLP - May 03, 2007 You return from vacation energized to complete the numerous projects sitting on your desk, only to find an employee standing in your doorway asking if she can speak with you about a confidential matter. In your gut, you know your day will be swallowed by what will likely follow from this conversation. The situation takes an uncomfortable turn when you realize the employee wants to lodge a complaint of sexual harassment about one of the company's supervisors. Report Link Employee Who Rejects Employer's Proposed Remedial Action Cannot Pursue Sexual Harassment Lawsuit.Ford & Harrison LLP - March 27, 2007 Having an effective policy againt harassment can help stem employee cliams, even where the company does not choose the remedial action the complaining employee requests. Report Link Casual workplace lands restaurant in the hot seat (pdf).Jones Walker - May 25, 2006 All employers want their employees to get along and feel comfortable while at work. But
when does casual become too casual? While there’s nothing wrong with being comfortable in the
workplace, an atmosphere that’s too relaxed sometimes can lead to behavior that pushes the
envelope. A recent federal court decision serves as a reminder of what can happen when
employees stop being professional and start being “real,” to paraphrase the show that gave
reality TV its start. We also offer a few tips on how to keep your workplace from functioning like
a reality show. Report Link Employee's Sexual Harassment Claim Fails.Ogletree Deakins - May 11, 2006 The federal appellate court with
jurisdiction over Texas recently ruled
against an employee who complained
to her supervisor that she was being
harassed by a co-worker. According
to the Fifth Circuit Court of Appeals,
the employee failed to follow the company’s
handbook which required the
employee to report the harassment to
human resources (HR) if a report to her
supervisor proved ineffective. Report Link Employers Victorious In Key Title VII Suit (pdf).Ogletree Deakins - February 27, 2006 The federal appellate court with jurisdiction
over New Jersey recently
dismissed a lawsuit brought by an employee
who complained about sexual
harassment and was later suspended
for herself violating the employer’s
harassment policy. The Third Circuit
Court of Appeals, in an unpublished
decision, held that the employee’s sexual
harassment claim must fail because
effective corrective measures
were taken to remedy the offensive conduct. Report Link The Title VII Affirmative Defense to Sexual Harassment Claims.Jackson Lewis LLP - December 02, 2005 An employer's legal duty to promptly and thoroughly investigate any complaint of perceived discrimination, harassment, or retaliation is well-established. In fact, under Title VII, an employer may avoid liability for harassment that does not involve an adverse employment action (e.g., termination or demotion) if the employer can demonstrate: (1) it took reasonable steps to prevent and promptly correct sexual harassment in the workplace, and (2) the aggrieved employee unreasonably failed to take advantage of the employer's preventive or corrective measures. Report Link Prompt action keeps employer from having its goose cooked (pdf).Jones Walker - November 10, 2005 As we sit and ponder what we’re all thankful for this year, at least one employer is giving
thanks to its incredible HR department and employment attorney. They developed and enforced a
sexual harassment policy that saved the company from getting sliced up in court like a
Thanksgiving turkey. See how that employer’s prompt and effective action turned the tables on
an employee and made her look like the turkey. Report Link Title VII Update: Court Validates Comprehensive Anti-Harassment Policy and "Swift and Effective" Response.Vedder Price - January 28, 2005 Under Title VII of the Civil Rights Act of 1964, an
employer may be liable for sexual harassment by a
supervisor with authority over the victimized employee.
When no tangible employment action against the
employee is involved, the employer may raise an
affirmative defense to liability that (a) the employer
exercised reasonable care to prevent and promptly correct
any sexually harassing behavior, and (b) the employee
unreasonably failed to take advantage of any preventive
or corrective opportunities provided by the employer. Report Link Take this job and shove it!Jones Walker - September 14, 2004 When country music star Johnny Paycheck sang those famous words, he wasn’t singing about an employee who quit her job after being sexually harassed at work, but they fit that scenario nevertheless. According to the U.S. Supreme Court, an employee who tells her employer to “take this job and shove it” because of alleged sexual harassment can recover for a claim of “constructive discharge” (i.e., things were so bad at work, I was forced to quit), but only if she can prove a supervisor’s “official” act is the final straw that caused her to quit. Although neither management nor employee rights advocates see this case as a victory, the Supreme Court’s decision helps clarify whether and how constructive discharge claims factor into supervisor harassment cases.
Report Link Supreme Court Recognizes Affirmative Defense in Sex Harassment Constructive Discharge Cases (pdf).Vedder Price - July 26, 2004 The Supreme Court recently held that an employee's failure to seek recourse under her employer’s nondiscrimination/non-harassment policy may bar a claim that she was forced to resign because of intolerable sexual harassment. Report Link Hostile Environment and Constructive Discharge: When the Employer is Strictly Liable.Littler Mendelson, P.C. - June 16, 2004 In a clarification of the application of the affirmative defense first made available in the Court's Ellerth and Faragher decisions, the U.S. Supreme Court has ruled that the affirmative defense is available to employers in some, but not all, cases of constructive discharge. Report Link Supreme Court Allows Ellerth/Faragher Affirmative Defense in Certain "Constructive Discharge" Claims.Jackson Lewis LLP - June 16, 2004 In an 8-1 decision, the U.S. Supreme Court held June 14, 2004 that a claim of constructive discharge is not necessarily an "adverse action" which would always preclude the employer from asserting the Ellerth/Faragher affirmative defense under Title VII of the 1964 Civil Rights Act. Report Link Seventh Circuit Narrowly Defines "Supervisor" and "Adverse Action" In Sex Harassment, Discrimination Cases.Jackson Lewis LLP - March 31, 2004 A recent decision from the U. S. Court of Appeals for the Seventh Circuit (Chicago) has narrowly defined who may be considered a supervisor in sexual harassment cases. Report Link Having a Written Anti-Harassment Policy Is No Longer an Option [PDF File].Goodwin Procter LLP - March 01, 2003 Although the implementation of an anti-harassment policy alone will not insulate an employer from liability, it is an essential and, notably, a cost-effective first step towards minimizing exposure. Report Link THE CURRENT "HOW TO" OF HARRASMENT RISK MANAGEMENT.Fredrikson & Byron, P.A. - September 10, 2002 The federal courts, about every five years, indulge an irresistible urge to send attorneys and employers scurrying, and issue a decision or two redefining the parameters of employer liability and responsibility for sexual and other harassment in the workplace. Report Link Discipline Must Be Reasonably Calculated to End Harassment.Ballard Rosenberg Golper & Savitt - August 01, 2002 The Sixth Circuit U.S. Court of Appeal has ruled that continued misconduct by a supervisor after being disciplined, is actionable. Minnich v. Cooper Farms Inc. Report Link Second Circuit Rules that Sexual Harassment Plaintiffs who have Submitted to a Supervisor's Sexual Advances Establish Automatic Vicarious Liability.Kauff, McClain & McGuire LLP - July 11, 2002 The U.S. Court of Appeals for the Second Circuit recently ruled that an employee who submits to her supervisor's unwelcome sexual advances suffers a "tangible employment action," with the result that the employer is automatically liable for the supervisor's actions under Title VII of the Civil Rights Act of 1964. Report Link Seventh Circuit Affirms Summary Judgment For Employer On Employee's Gender Discrimination, Hostile Work Environment Sexual Harassment, And Retaliation Claims, Despite No Formal Harassment Policies.Ballard Rosenberg Golper & Savitt - February 02, 2002 Discusses Hall v. Bodine Electric Company, 8 D.L.R. A-2 (7th Cir., January 11, 2002), in which the court held that the lack of a formal sexual harassment policy was not fatale to employer's defense ("we have never held that Title VII employers must institute formal sexual harassment policies. Instead, we have focused on whether an employer has a reasonable mechanism in place for detecting and correcting harassment.") Report Link The Employer's Affirmative Defense - The "Devilish" Three Year Old.Hall, Farley, Oberrecht & Blanton, P.A. - January 01, 2002 Since the Ellerth and Faragher decisions, courts, companies, and their counsel have struggled to understand the principles announced, particularly in the areas left unaddressed by the Court. Faragher v. City of Boca Raton, 524 U.S. 775 (1998)Report Link Ninth Circuit Reverses $85,000 Jury Verdict.Ballard Rosenberg Golper & Savitt - December 14, 2001 Discusses Swenson v. Potter, 2001 Daily Journal D.A.R. 12653 (9th Cir., November 30, 2001), in which the court reversed a jury award for harassment, holding that the employer responded adequately to the complaint by separating the complainant from the alleged harasser, and investigating the complaint promptly and thoroughly. Report Link Employee’s Failure To Complain Is No Bar To Harassment Suit In Which Employee Claims Employer Negligence [PDF File].O'Melveny & Myers LLP - December 01, 2001 Discusses Swinton v. Potomac Corp, No. 99-36147 (9th Cir. October 24, 2001), in which the court held that the Supreme Court’s two-part affirmative defense does not apply to harassment lawsuits in which the employee demonstrates that the employer knew or should have known of a co-employee’s
harassing conduct but took no action.
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ArticlesFound: 25 ArticlesSUBTOPICS Employment Law Seminars
43rd Annual Midwest Labor and Employment Law Seminar on October 12-13, 2008
Easton
October 12, 2008 Baker HostetlerReserve the Dates!!! – Public Sexual Harassment Training Webinar for Supervisors and ManagersOnline
October 14, 2008 Ballard RosenbergThe 2008 Nevada Employer: RenoReno
October 14, 2008 LittlerSouth Carolina's Immigration Law, I-9 & E-Verify Breakfast BriefingSpartanburg
October 14, 2008 Ford & HarrisonEmployment Law WorkshopLa Jolla
October 14, 2008 Fisher & PhillipsHiring minors: Legal issues to considerPhiladelphia
October 14, 2008 Buchanan IngersollEmployment Law Developments in IndianaCarmel
October 15, 2008 OgletreeEmployment Law Developments in TennesseeNashville
October 15, 2008 OgletreeWorkplace Harassment SeminarIndianapolis
October 16, 2008 Indiana Chamber of CommerceFlorida Employment Law UpdateTampa
October 16, 2008 Ogletree |
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