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Third-Party Harassment and Discrimination: The Customer Isn’t Always Right

As fiscal year 2019 ends for the Equal Employment Opportunity Commission (EEOC), it has announced it is pursuing several new discrimination suits, including one alleging a casino failed to protect female staffers from sexual harassment by patrons.

Employment Law Legends, Episode 2 – The Recognition of Workplace Sexual Harassment: Meritor Savings Bank v. Vinson

In the second episode of Employment Law Legends, Paul Rinnan discusses Meritor Savings Bank v. Vinson and the legal movement to define sexual harassment in the workplace.

Hotel & Casino Employee Safety Act Protects Employees from Sexual Harassment & Assault

Over the last few days, we’ve been sending you updates on the key provisions of SB75, the anti-harassment legislation awaiting approval by Governor Pritzker. Previously, we wrote about the Workplace Transparency Act. In this alert, we focus on another new law created by SB75, the Hotel and Casino Employee Safety Act. This new law, once it takes effect, will require hotel and casino employers to (1) provide “panic button” devices to certain employees; and (2) implement a sexual harassment policy including certain provisions detailed in the law. If this sounds familiar to Chicago employers, it should, as it generally mirrors the requirements of a Chicago ordinance enacted in 2017.

Three Tips to Investigate Harassment Complaints When You Are Not “the Employer”

The healthcare setting involves many potential “joint employer” landmines, as hospitals often have outside vendors providing services (i.e. food service, laundry service) inside their facilities.

EPLI Trends, Sexual Harassment Claims, and Planning for 2019

As workplace laws continue to evolve, the potential risk exposure is increasing. Jackson Lewis prepared this trends overview to help assess the current workplace law landscape in the #MeToo era and the wave of agency charges, latest claims, and new laws.

Sexual Harassment in Hospitals: Interns, Residents, Students, Attending Physicians: How to Navigate a Troublesome Problem Among a Diverse Workforce

Much has been written lately about the #MeToo movement and its presence in workplaces as diverse as universities, movie and TV studios. Hospitals are no exception. Savvy employers know that hospitals—large facilities that employ people of all educational backgrounds, races, religions, sexual orientations, ages, and more—can be ground zero for sexual harassment at any time.

“Me Too” Evidence in a #MeToo World

Before “#MeToo” became a movement, it was a well-known, damaging type of evidence to employers litigating discrimination claims. “Me too” in the employment litigation context refers to evidence that employees other than the plaintiff also were also discriminated against. Employers had traditionally sought, with mixed results, to exclude such evidence as improper character evidence under FRE 404(b) or as substantially more prejudicial than probative under FRE 403. Debate raged over admissibility. In 2008, the U.S. Supreme Court tackled the issue and held that “me too” evidence is not per se admissible or inadmissible. See Sprint/United Mgmt. Co. v. Mendelsohn, 552 U.S. 379, 388 (2008). Rather, the Court found, admissibility depends on a fact-intensive inquiry.

Sexual Harassment Charges Increase Once Again, According To EEOC Stats

Despite a 10 percent overall drop in the number of charges of employment discrimination, the Equal Employment Opportunity Commission just reported that sexual harassment charges filed with the agency jumped by 13.6 percent from the previous year. The 7,609 sexual harassment charges received in FY clearly demonstrate that the #MeToo movement is in no way slowing down. What do employers need to know about this development?

A Cautionary Tale: The Importance of Implementing Proper Policies

Employers have little control over employees’ bad, impulsive decisions. However, employers have full control over how they respond to a complaint of harassment. Any employer can ensure it investigates an allegation of harassment. Failure to do so can be costly.

Rumors and Gossip in Workplace Can Create Employer Liability for Harassment, Fourth Circuit Holds

Employers may be liable under Title VII of the Civil Rights Act for failing to effectively address and stop gossip and rumors of an alleged sexual relationship between a female employee and a male supervisor, the federal appeals court in Richmond has held. Parker v. Reema Consulting Servs., No. 18-1206 (4th Cir. Feb. 8, 2019).
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