Total Articles: 35
Littler Mendelson, P.C. • October 20, 2017
You don’t need to be a cable news network, a Hollywood production company, a media mogul or a politician in order to feel the ripple effect from the recent wave of workplace sexual harassment claims. While such harassment claims might not always make the nightly news, they are nothing new and they impact every sector of employment. With the current flurry of high-profile harassment claims attracting media attention regardless of the industry, employers should prepare for an increase in claims.
XpertHR • October 19, 2017
As the Harvey Weinstein scandal continues to unfold, it is a virtual playbook on mistakes employers can make when it comes to sexual harassment in the workplace.
Jackson Lewis P.C. • October 12, 2017
Despite “substantial evidence” supporting a jury’s verdict, a judge may weigh the evidence and set aside the verdict if it is contrary to the clear weight of the evidence. Federal Judge Richard A. Jones did just that in EEOC v. Trans Ocean Seafoods, Inc., No. 15-cv-01563 (W.D. Wash. Sept. 8, 2017). He granted the plaintiffs’ motion for a new trial under FRCP 59(a).
Ogletree Deakins • October 12, 2017
In part one, of this blog series on responding to charges brought by the Equal Employment Opportunity Commission (EEOC), I described some situations that pose an increased risk of a systemic harassment investigation by the EEOC in response to an individual harassment charge. Usually, when responding to the EEOC, employers can provide a precise and limited response that includes only the most essential supporting documents. But when the risk of a systemic investigation arises, an employer’s response may need to be more comprehensive to show that the individual’s charge lacks merit and that the company has an effective harassment prevention program in place.
FordHarrison LLP • October 10, 2017
Executive Summary: Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial assistance. It is well-settled that sexual harassment which creates a hostile environment constitutes sex discrimination prohibited by Title IX. On September 22, 2017, the U.S. Department of Education, Office for Civil Rights (OCR), which enforces Title IX, issued a “Dear Colleague” letter and new Q&A on Campus Misconduct. The Dear Colleague letter explains that OCR’s prior letter dated April 4, 2011 and Q&A guidance dated April 29, 2014 (issued during the Obama administration) have both been withdrawn. OCR cited criticism as to the fairness of the prior guidance as part of the reason for issuing the new guidance.
Ogletree Deakins • October 10, 2017
In the third video of our four-part series, international practitioners Diana Nehro and Bonnie Puckett return to cover anti-discrimination and anti-harassment rules around the world. Play the video below for a succinct discussion of the top challenges for in-house counsel implementing anti-harassment measures abroad. Diana and Bonnie also share their top five recommended steps for U.S.-based in-house counsel to take in order to reconcile their desire for an inclusive, tolerant culture with other countries’ laws that may conflict.
Nexsen Pruet • June 14, 2017
As an employment attorney and litigator, I have found this story interesting to follow. Following a former employee's critical blog post accusing Uber of sexual harassment and gender bias, Uber's Board hired Eric Holder and his law partner at the law firm of Covington & Burling, LLP to conduct an investigation of the work place environment. According to Uber’s Statement of Tuesday, June 13, the Board adopted Covington's recommendations (published here). Uber CEO Travis Kalanick announced on Tuesday that he was taking a leave of absence to reflect on changes needed in the leadership team.
Goldberg Segalla LLP • May 05, 2017
The recent departures of high-profile executives and the flurry of harassment lawsuits provide plenty of teaching moments for employers.
Fisher Phillips • April 20, 2017
Whenever the topic of sexual harassment reaches mainstream media outlets, people are bound to take notice. And when sexual harassment allegations involving a prominent public figure like Bill O’Reilly appear in the headlines of just about every major national and local media source, your employees are undoubtedly aware.
Ogletree Deakins • April 10, 2017
The 3d U.S. Circuit Court of Appeals may have expanded the mechanisms available for individuals who plan to bring claims of sexual harassment or discrimination against an employer that conducts educational programs or activities, specifically including private teaching hospitals.
Jackson Lewis P.C. • March 28, 2017
Jackson Lewis has submitted comments to the Equal Employment Opportunity Commission on the Proposed Enforcement Guidance on Unlawful Harassment. The Proposed Guidance sets out to define what constitutes harassment, examine when a basis for employer liability exists if harassment is proven, and offer suggestions for preventive practices. (For more, see our article, New Proposed Anti-Harassment Guidance Addresses Many Issues.)
Sexual harassment claims remain all too common on the evening news and in courts across the nation. From recent allegations against on-demand driving giant Uber to jewelry stores Kay and Jared, the stories are hard to miss.
Fisher Phillips • February 27, 2017
Perhaps it’s not surprising that a circuit that for years has held that staring can constitute sexual harassment would find that excessive hugging may be illegal, too. The Ninth Circuit (which covers California and other western states) in Zetwick v. County of Yolo, held that it is for a jury to decide whether a male county sheriff’s hugging of a female correctional officer amounted to unlawful harassment.
Nexsen Pruet • February 09, 2017
The EEOC enforces various federal laws designed to protect individuals from harassment based upon protected categories such as race, religion, sex, national origin, age, disability or genetic information. The EEOC’s proposed guidance explains the legal standards applicable to claims of unlawful harassment under the federal employment discrimination laws.
Fisher Phillips • February 08, 2017
Many people watch the Super Bowl for the game. Others watch for the commercials. And perhaps even more watch for both. In years past, it would not have been uncommon for people to spend the Monday after the Super Bowl at the water cooler talking about the commercials with Clydesdales, puppies, talking frogs, or celebrities. But this year, and perhaps more so than any other year in recent memory, there were numerous ads that carried or otherwise promoted political and social messages.
Ogletree Deakins • February 03, 2017
In its Proposed Enforcement Guidance on Unlawful Harassment issued on January 10, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) emphasizes that employers should take a proactive role in preventing harassment, as well as in effectively identifying and eradicating harassment if and when it occurs. Public comments on the proposed enforcement guidance will be invited until February 9, 2017.
Knowledge@Wharton (Reg Required) • January 31, 2017
After flaring up as a hot topic 25 years ago at the confirmation hearings of Clarence Thomas to the U.S. Supreme Court, sexual harassment gained renewed attention in 2016 with high-profile incidents including Harvard canceling its men’s soccer team season in November after school officials discovered that players were rating the school’s female players in sexually explicit terms. And Fox News chairman Roger Ailes resigned in July after on-air personality Gretchen Carlson sued, alleging that he co-mingled career advances and sexual advances.
XpertHR • January 13, 2017
The US Equal Employment Opportunity Commission (EEOC) has released for public input a proposed enforcement guidance addressing unlawful harassment under federal employment discrimination laws. The report builds on recommendations from the agency's Select Task Force on the Study of Harassment in the Workplace, which were issued in a report last summer. Employers and other stakeholders may submit comments until February 9, 2017.
Ogletree Deakins • September 29, 2016
In an interview last month, the 2016 Republican presidential nominee stated that if his daughter were sexually harassed, he “would like to think she would find another career or find another company.” His son later stated that because his sister was “a strong, powerful woman[, s]he wouldn’t let herself be, you know, subjected to [sexual harassment].” Both comments have sparked a backlash that has once again brought the issue of sexual harassment to the fore.
Ogletree Deakins • July 31, 2016
Maintaining a company anti-harassment policy on a bulletin board and website is not enough to avoid liability for sexual discrimination according to a recent decision. On July 20, 2016, the Fifth Circuit Court of Appeals revived a sexual harassment lawsuit filed by a school board’s clerical employee who alleged inappropriate comments and touching from a manager. While the board’s policy manual contained reasonable policy and complaint procedures to prevent harassment, the court found evidence the board made insufficient efforts to train the alleged harasser and other employees about such policies. This case clarifies the scope of an important affirmative defense for employers and demonstrates the importance of clearly explaining policies to employees. Pullen v. Caddo Parish School Board, No. 15-30871, Fifth Circuit Court of Appeals (July 20, 2016).
The US Equal Employment Opportunity Commission (EEOC) Select Task Force on the Study of Harassment in the Workplace has released its report after a 14-month study of workplace harassment. The report includes a toolkit of compliance assistance measures for employers, and encourages employers to offer compliance trainings "on a dynamic and repeated basis to all employees."
XpertHR • November 02, 2015
The 800-pound gorilla in the office is (likely) wearing a suit and tie.
XpertHR • August 03, 2015
Sexual harassment training has become a rite of passage for new supervisors in certain states. For example, for California employers, supervisors must attend training every two years. Various other states have sexual harassment prevention requirements for private and public employers.
Nexsen Pruet • June 25, 2015
Last month, in Boyer-Liberto v. Fontainebleau Corp., No. 13-1473 (4th Cir. May 7, 2015), the federal Court of Appeals for the Fourth Circuit, which includes North and South Carolina, articulated a new standard for analyzing claims of hostile work environment and retaliation under Title VII. For employers, the new standard may prove challenging in some respects but may also serve as a call to action.
Goldberg Segalla LLP • May 18, 2015
Retaliation and harassment are the most commonly filed employment law claims nationwide. After the Fourth Circuit’s recent decision in Boyer-Liberto v. Fountainbleau Corp., No. 13-1473 (4th Cir. May 7, 2015) lawsuits alleging hostile work environment and harassment will only be more difficult for employers to dispose of. The Fourth Circuit held that a single instance of harassment may create an actionable hostile work environment claim, and that an employee can be protected from retaliation when complaining about harassment, even if the purported harassment is ultimately not severe enough to create a hostile work environment.
Fisher Phillips • March 31, 2014
The Equal Employment Opportunity Commission (EEOC) reports that sexual harassment claims continue to be a serious issue, with 7,256 new charges filed in FY 2013. Although that number has decreased in recent years, the awards in sexual harassment lawsuits continue to climb.
Ogletree Deakins • November 20, 2013
There is no crying in football, but is there harassment?
Goldberg Segalla LLP • October 16, 2013
The topic of unpaid interns has generated a lot of buzz in the employment law world after a flurry of recent lawsuits in which interns sought repayment under the Fair Labor Standards Act. (Our Professional Liability Matters blog discussed the issue in posts on June 25 and July 9.) However, an October 3 decision from the Southern District of New York has taken the topic into a new direction: sexual harassment. The result? The court ruled that unpaid interns cannot sue for sexual harassment under New York City municipal civil rights laws.
Fisher Phillips • August 01, 2013
In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many important opinions in handling these cases. But for both practical and legal reasons, it would be a big mistake to focus your workplace “no-harassment” efforts strictly upon sexual harassment.
ManpowerGroup • October 18, 2012
Everything you need to know about Harassment in one handy post.
ManpowerGroup • August 29, 2012
Results of our question of the week.
Fisher Phillips • July 25, 2011
Some employers mistakenly believe that harassment was a problem in the 1990's and supervisors and employees now know better. They are wrong. Contrary to popular belief, harassment is not a thing of the past â€“ and the evidence shows that some employees don't know better.
Fisher Phillips • April 15, 2010
The back-story behind the attempted extortion of David Letterman features behavior of the sort that keeps legal counsel and compliance officers awake at night. Admitted extortionist, Joe Halderman, crafted a story that depicts Letterman, the Worldwide Pants, Inc. Chairman, as head of an organization with a culture that fosters workplace sexual misconduct and career advancement tied to sexual relationships. Notwithstanding the veracity of Halderman's story, it presents the quintessential case of poor management behavior that puts any company at risk. The behavior of top management can foster an organizational culture acceptant of a hostile working environment, setting the stage for liability that is anything but funny. Building an effective compliance program and culture within your organization prevents your late show from developing into a veritable horror show. In light of the potential consequences, reigning in executive management may be the smartest trick of all.
Fisher Phillips • 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.
Knowledge@Wharton (Reg Required) • August 10, 2007
The fact that favoritism in the workplace exists is not news, but in high-profile cases, it often makes the news. Two years ago, for example, Harry C. Stonecipher was forced to resign the presidency of aerospace giant Boeing over a relationship with a Boeing executive. This spring, World Bank president Paul Wolfowitz had to resign after being accused of arranging a big raise and promotion for a woman with whom he was having a relationship.