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Total Articles: 6

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

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.
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