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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 What to Do When Your “Star Physician” Is Accused of Sexual Harassment.Constangy, Brooks & Smith, LLP - October 06, 2008 Every Tuesday night, millions of Americans watch the primetime hit show House, which follows an abusive but brilliant doctor in his shocking escapades with patients and staff, while the hospital ignores his behavior. Although the show is fictional, the doctor’s misadventures are based in reality.
Physicians, whether they are employees or independent contractors, generate significant income for the hospitals and health care facilities where they work. This sometimes, unfortunately, means that their bad behavior is tolerated and condoned by hospitals and other health care providers – even when it constitutes illegal harassment. Report Link Playing Favorites -- Romantic or Otherwise -- Is a Messy Game 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. Report Link Trucking Company Slammed for Lurid Conduct in Sexual Harassment Ruling. Elarbee, Thompson, Sapp & Wilson, LLP. - June 20, 2007 In a victory for the EEOC in one of the rare cases taken to trial by its litigation team, a jury awarded three (3) saleswomen $2,355,000.00 / for sexual harassment and retaliation by a Northlake, Illinois trucking company. (EEOC v. Custom Companies, Inc., et al., N.D. Ill., Nos. 02-C-3768 and 03-C-2293, Mem. Op. & Order 3/8/2007). The EEOC’s lawsuit filed in May of 2002, in the United States District Court for the Northern District of Illinois alleged that the saleswomen were exposed to unwelcome sexual advances, groping, lewd sexual language and pornography, and were retaliated against when they complained to the EEOC. Report Link Take Steps to Prevent Teenage Harassment.Elarbee, Thompson, Sapp & Wilson, LLP. - January 04, 2007 The EEOC has described the harassment of teenagers in the workplace as "a pervasive problem that's long existed under the radar." In the two years since it established a national program called the Youth@Work Initiative, the EEOC has been vigorously pursuing sexual harassment claims on behalf of teenage employees. The agency, for example, recently brought a sexual harassment lawsuit against a waterproofing company in New York on behalf of thirteen young women who were working for the business as telemarketers. The EEOC alleged that male managers and salesmen sexually harassed the young workers, most of whom were still in high school, over a four year period. A federal jury agreed and awarded them $585,000. Report Link Second Circuit Affirms Case by Case Consideration of All Relevant Factors in Sexual Harassment Lawsuit.Jackson Lewis LLP - May 30, 2006 Reviving a female employee's claim for hostile environment sexual harassment, the U. S. Court of Appeals for the Second Circuit reversed summary judgment for the employer after an examination of all relevant factors taken together. A federal trial court had misapplied the legal standard and improperly considered the factors for proving hostile work environment harassment in isolation, rather than as a whole. Saying that judges are in no better position than juries to determine when conduct crosses the line of inappropriate behavior into actionable misconduct, a unanimous court found that "although the line is admittedly indistinct, its haziness counsels against summary judgment." Report Link North Country: An All-Too Familiar Territory for America's EmployersLittler Mendelson, P.C. - October 26, 2005 An iron mine, the U.S. Treasury Department, an insurance company, a car manufacturer, a restaurant chain and an investment bank - these seemingly disparate workplaces all have something in common ... All have been the targets of sexual harassment class action lawsuits. As the above illustrates, sexual harassment lawsuits are not new and have long impacted businesses of all sizes in every industry. And in today's litigious culture, these suits are not new and something that employers can only expect to see more of in the future.
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ArticlesFound: 7 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
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 ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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