Jackson Lewis P.C. • October 12, 2017
Despite “substantial evidence” supporting a jury’s verdict, a judge may weigh the evidence and set aside the verdict if it is contrary to the clear weight of the evidence. Federal Judge Richard A. Jones did just that in EEOC v. Trans Ocean Seafoods, Inc., No. 15-cv-01563 (W.D. Wash. Sept. 8, 2017). He granted the plaintiffs’ motion for a new trial under FRCP 59(a).
Ogletree Deakins • October 12, 2017
In part one, of this blog series on responding to charges brought by the Equal Employment Opportunity Commission (EEOC), I described some situations that pose an increased risk of a systemic harassment investigation by the EEOC in response to an individual harassment charge. Usually, when responding to the EEOC, employers can provide a precise and limited response that includes only the most essential supporting documents. But when the risk of a systemic investigation arises, an employer’s response may need to be more comprehensive to show that the individual’s charge lacks merit and that the company has an effective harassment prevention program in place.
FordHarrison LLP • October 10, 2017
Executive Summary: Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial assistance. It is well-settled that sexual harassment which creates a hostile environment constitutes sex discrimination prohibited by Title IX. On September 22, 2017, the U.S. Department of Education, Office for Civil Rights (OCR), which enforces Title IX, issued a “Dear Colleague” letter and new Q&A on Campus Misconduct. The Dear Colleague letter explains that OCR’s prior letter dated April 4, 2011 and Q&A guidance dated April 29, 2014 (issued during the Obama administration) have both been withdrawn. OCR cited criticism as to the fairness of the prior guidance as part of the reason for issuing the new guidance.
Ogletree Deakins • October 10, 2017
In the third video of our four-part series, international practitioners Diana Nehro and Bonnie Puckett return to cover anti-discrimination and anti-harassment rules around the world. Play the video below for a succinct discussion of the top challenges for in-house counsel implementing anti-harassment measures abroad. Diana and Bonnie also share their top five recommended steps for U.S.-based in-house counsel to take in order to reconcile their desire for an inclusive, tolerant culture with other countries’ laws that may conflict.
Ogletree Deakins • August 30, 2017
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).
Ogletree Deakins • August 27, 2017
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.
Nexsen Pruet • June 14, 2017
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.
Goldberg Segalla LLP • May 05, 2017
The recent departures of high-profile executives and the flurry of harassment lawsuits provide plenty of teaching moments for employers.
Fisher Phillips • April 20, 2017
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.
Ogletree Deakins • April 10, 2017
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.