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Total Articles: 9

What Are You Going To Do To The Little Boy Who Cries Wolf? Or Are All These Allegations Getting Out Of Hand? Employers Must Watch Out For Retaliation Claims

In the wake of the Harvey Weinstein revelations and the numerous claims of alleged sexual harassment against big name celebrities and public officials, employers are re-examining their sexual harassment policies. As the number of sexual harassment allegations have increased in almost every business sector, more and more women have felt empowered to come forward. This tests employers’ ability to timely investigate the claims and determine what, if any, appropriate corrective action is warranted against the alleged harasser. It also tests the employers’ ability to respond to claims that lack merit. However, another challenge is what happens when the dust settles and the victim or non-victim is a still a current employee?

From Settlement Disclosures to Retaliation: A Summary of Sexual Harassment Legislation in 2018

After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. While the federal government has focused on settlement and arbitration agreements, state governments have attempted a variety of techniques to address sexual harassment. States are considering legislation ranging from additional sexual harassment training, to protecting employees from retaliation when they are the victims of sexual harassment. This article discusses the new laws that seek to combat sexual harassment, as well as those legislative efforts that remain pending.

Faragher/Ellerth Defense Not Enough To Save Connecticut Hospital

The Court of Appeals for the Second Circuit recently upheld a $125,000 award against the University of Connecticut Health Center (UCHC), holding the Center responsible for an employee’s sexual harassment of a coworker.

Dear Littler: Can I Immediately Fire a VP Based on Sexual Harassment Allegations?

Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his part has progressed to outright sexual solicitation and unwelcome physical contact. Our company just can’t accept this kind of behavior. Can I go ahead and terminate him immediately?

Employer's 'Solicitous Treatment' of Alleged Perpetrator May Create a Hostile Environment for Coworker/Victim

Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The Ninth Circuit Court of Appeals recently held that a jury should determine the answer to that question. Fuller v. Idaho Department of Corrections, No. 14-36110 (July 31, 2017).

EEOC report suggests “rebooting” workplace harassment prevention efforts.

On June 20, 2016, the EEOC published the Report of its “Select Task Force on the Study of Harassment in the Workplace.” (Check out an executive summary of the Report here.) That Task Force, formed in January 2015, also impaneled a group of outside experts to examine the causes, effects, and prevention of workplace harassment.

EEOC's Enforcement Strategy Yields $17 Million Verdict in Sexual Harassment Case

Preventing employee harassment through investigations and lawsuits is one of the pillars of the Equal Employment Opportunity Commission's current enforcement strategy.

Pyrrhic Victories

Lawyers are justly proud when they win a difficult discrimination or harassment case. But after a couple of hundred thousand dollars in legal fees, disruption at work, and harm to reputation, an employer may decide that a few more similar “victories” could shut them down.

Worker’s Immigration Status Does Not Shield Perkins From Liability.

Even an undocumented worker is entitled to pursue her hostile work environment and retaliation claims against her employer, despite her immigration status. Considering "the need to reduce employer incentives to hire illegal alien workers because of their inability to enforce their rights," a federal district court found that employers cannot use this hiring practice to shield themselves from liability under federal civil rights laws.
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