Total Articles: 12
Sexual innuendos and demeaning comments cost employer $1.6 Million.
In gender discrimination cases under Title VII, a jury can award back pay and front pay, but also can award compensatory damages if it believes that an employee was harmed emotionally or psychologically by the alleged harassment or hostile work environment. The 1st U.S. Circuit Court of Appeals recently affirmed a $1.6 Million damages award against a Massachusetts hospital and a male physician, and in favor of a female neurosurgeon who claimed hostile work environment and retaliation under Title VII. Tuli v. Brigham & Women’s Hospital, 1st Circ., No. 09-1731, August 29, 2011.
Are Employers Properly Protecting Themselves From Harassment Claims?
Recent harassment cases should serve as a warning to employers regarding the effectiveness of their harassment policies, especially in hostile work environment cases.
ESPN Got It Right: Next Generation Employment Law
While watching SportsCenter the other day, I thought to myself that male anchors and play-by-play announcers will probably think long and hard before making any demeaning or derogatory comments about their female colleagues after ESPN terminated Ron Franklin on January 4, 2011. For those who missed it, Franklin, who had been with ESPN for over 25 years, was let go after a female colleague complained about remarks Franklin made to her off-the-air while the two were preparing for the Chick Fil-A Bowl game. According to sideline reporter Jeannine Edwards, Franklin condescendingly referred to her as “sweetcakes.” When she protested, he responded by calling her an “asshole.” The comments were reported to ESPN management, and Franklin was pulled from announcing the Fiesta Bowl. Four days later, ESPN fired him.
Hostile Work Environment Can Be Based On A Single Bad Act
A federal appellate court recently held that a jury must determine whe-ther a single act is sufficient to support a worker's hostile work environment claim. According to the court, "a single act can create a hostile environment if it is severe enough . . ., and instances of uninvited physical contact with intimate parts of the body are among the most severe types of sexual harassment." Berry v. Chicago Transit Authority, No. 07-2288, Seventh Circuit Court of Appeals (August 23, 2010).
Actionable Hostile Work Environment Can Be Based Upon a Single Action.
The 7th U.S. Circuit Court of Appeals has held that it is up to a jury to determine whether, in fact, a single instance of uninvited intimate physical contact may be sufficient to support a claim of hostile work environment. Berry v. Chicago Transit Authority, 7th Cir., No. 07-2288, August 23, 2010.
Actionable hostile work environment can be based upon a single action.
The 7th U.S. Circuit Court of Appeals has held that it is up to a jury to determine whether, in fact, a single instance of uninvited intimate physical contact may be sufficient to support a claim of hostile work environment
Threatening Language May Support Claim of Hostile Environment, Even Without Sexual References.
For the second time in as many weeks, a federal appeals court decision rests on the determination that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an Equal Opportunity Harasser who makes crass and offensive remarks to everyone, regardless of gender. Sharon Kaytor v. Electric Boat Corp., 2d Circ., No. 09-1859-cv, June 29, 2010.
Threatening language may support claim of hostile environment, even without sexual references.
For the second time in as many weeks, a federal appeals court decision rests on the determination that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an Equal Opportunity Harasser who makes crass and offensive remarks to everyone, regardless of gender.
Equal Opportunity Harassers Use of Female-Specific Slurs and Remarks Can Support Claim of Hostile Work Environment.
The 4th U.S. Circuit Court of Appeals has determined that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an Equal Opportunity Harasser who makes sexually offensive remarks to anybody, any time.
Equal Opportunity Harasser's use of female-specific slurs and remarks can support claim of hostile work environment.
The 4th U.S. Circuit Court of Appeals has determined that an alleged harasser who makes gender-specific slurs and comments can create a hostile work environment for a female employee, even though the harasser is an Equal Opportunity Harasser who makes sexually offensive remarks to anybody, any time. EEOC v. Fairbrook Medical Clinic, P.A., 4th Circ., No. 09-1610, June 18, 2010.
Conduct Not Directed at Plaintiff May Support Claim of Hostile Environment.
In order to successfully support a claim of hostile work environment under Title VII, an employee must show that the offending conduct was sufficiently severe or pervasive to alter the conditions of her employment and create an abusive work environment. One federal appellate court recently held that offensive conduct not witnessed by an individual may still contribute to that individuals claim that a workplace environment was hostile, and should be admitted as part of the employees Title VII lawsuit.
Sexual Harassment Update: Requests For Coffee Prompts Female Employee To Sue For Sexual Harassment.
Tamara Klopfenstein was a part-time receptionist for National Sales & Supplies for six weeks. During her employment, two vice presidents regularly asked her to bring them coffee.
