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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 An Ounce of Prevention: Employers Must Make Employees Aware of Workplace Harassment Policy (pdf).Buchanan Ingersoll & Rooney PC - May 19, 2006 A federal district court denied an
employer’s request for summary
judgment in a case where an
employee who alleged sexual
harassment did not report the alleged
harassment during her employment,
as required by Company policy. 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 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.
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Articles Found: 4 ArticlesSUBTOPICS Employment Law Seminars
ANNUAL EMPLOYMENT LAW UPDATE
Sacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayWebinar: Changes to the ADA - Are Your Accomodations Reasonable?Webinar
December 3, 2009 ElarbeeLandmines, Trends and ToolsCharlotte
December 3, 2009 LittlerEnd of Year EthicsColumbus
December 3, 2009 LittlerClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & Harrison |
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