Total Articles: 2
Title VII Sexual Harassment Claim Survives Employer’s Despite Anti-Harassment Policy And Prompt Investigation.
In Craig v. M&O Agencies, Inc., the plaintiff filed a federal court lawsuit that alleged sexual harassment in violation of Title VII of the Civil Rights Act of 1964 against her employer (M&O Agencies, Inc., d/b/a the Mahoney Group), her direct supervisor (Leon Byrd), and his wife (Patricia Roberts), as well as various theories under Arizona state law. Plaintiff’s complaint is based on Byrd’s repeated sexual advances and the company’s handling of her harassment complaint. The District Court granted summary judgment on the Title VII claims and several of the state law claims. On appeal, the Ninth Circuit reversed summary judgment on the plaintiff’s harassment, assault and battery claims against the Mahoney Group, and on her assault, battery and infliction of emotional distress claims against Byrd. It affirmed the summary judgment as to all other claims against the Mahoney Group and Byrd, and on all claims against Roberts.
Employers May Rely on After Acquired Evidence in Some FMLA Cases (pdf).
The Sixth U.S. Circuit Court of Appeals has held that an employer may, in some situations, rely on
medical evidence discovered after an adverse employment action is taken, in defending a lawsuit
filed under the Family and Medical Leave Act (FMLA).
