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Employer's 'Solicitous Treatment' of Alleged Perpetrator May Create a Hostile Environment for Coworker/Victim

Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The Ninth Circuit Court of Appeals recently held that a jury should determine the answer to that question. Fuller v. Idaho Department of Corrections, No. 14-36110 (July 31, 2017).

Employer’s “solicitous treatment” of alleged rapist may create a hostile environment for coworker/victim.

Can an employer’s perceived preferential treatment of an alleged rapist create a hostile work environment for the female employee who reported the rape? The 9th U.S. Circuit Court of Appeals recently held that a jury should determine the answer to that question. Fuller v. Idaho Dept. of Corrections, 9th Cir., No. 14-36110, July 31, 2017.

Internal Investigation and Recommendations to Uber on Workplace Environment

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.

When There’s Smoke, There’s Fire: Allegations of Harassment Can Point to Liability

The recent departures of high-profile executives and the flurry of harassment lawsuits provide plenty of teaching moments for employers.

Sexual Harassment In The News Likely To Lead To Uptick In Claims

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.

Title IX may provide legal basis for sexual harassment claims.

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 Files Comments on EEOC’s Proposed Guidance on Unlawful Harassment

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 Still Ranks High on EEOC’s Radar

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.

Hugs May Create Hostile Work Environment, 9th Circuit Rules

The 9th Circuit Court of Appeals has ruled that unwelcome workplace hugs may give rise to a sexually hostile work environment under Title VII of the Civil Rights Act. A female corrections officer claimed that her male superior hugged her often enough to make her uncomfortable at work. The employer and the co-defendant county sheriff countered that the hugs were completely innocuous and never involved sexual comments or touching.

Hugs May Get You Sued

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.

Jackson Lewis P.C. | Washington | Washington Enacts Healthy Starts Act: New Workplace Accommodation Protections for Pregnant Employees (September 11, 2017)

FordHarrison LLP | Florida | Non-Compete News - Florida Supreme Court Holds Referral Sources Are Legitimate Business Interests Under Florida's Non-Compete Statute (September 18, 2017)

FordHarrison LLP | New York | The 2nd Department Rejects NYSDOL's "13 Hours Rule" For 24-Hour Shift Workers (September 17, 2017)

Littler Mendelson, P.C. | New York | New York Paid Family Leave Benefits Law Deadline for Employers to Apply for Approval as a Self-Insured Employer Rapidly Approaching (September 13, 2017)

Fisher Phillips | California | The End is Near! – Follow These Labor and Employment Bills as the California Legislative Year Wraps Up (September 06, 2017)

Jackson Lewis P.C. | California | California on Brink of Further Expansion of Fair Pay Protections (September 15, 2017)

Ogletree Deakins | California | San Diego Enacts Pay Equity Ordinance for City Contractors (September 14, 2017)

Goldberg Segalla LLP | Pennsylvania | Pennsylvania Courts Continue to Extend Theories of Liability in Nursing Home Malpractice Cases (August 31, 2017)

Littler Mendelson, P.C. | New York | Another New York State Appellate Court Finds 24-Hour Non-Residential Home Care Attendants Must be Paid for Sleep and Meal Periods (September 17, 2017)

Littler Mendelson, P.C. | California | California Countdown: Which Labor & Employment Bills Will the Governor Sign? (September 21, 2017)