In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room talk,” “shop talk” in a manufacturing environment can walk a fine line between employee banter and inappropriate, or, in extreme cases, even illegal, conduct.
Articles Discussing General Topics In Workplace Sexual Harassment.
Severe or Pervasive Remains the Standard to Evaluate Claims of Sexual Harassment in Minnesota
This week, the Minnesota Supreme Court issued a unanimous decision affirming that the severe or pervasive standard remains the test for assessing claims of sexual harassment under the Minnesota Human Rights Act (MHRA). In doing so, the court rejected efforts by the plaintiff’s bar to modify the standard in
Federal Court Dismisses Discrimination and Retaliation Claims But Not Hostile Work Environment
On January 28, 2020, the Southern District of New York allowed a hostile work environment claim to proceed based upon allegations of racial slurs, demeaning comments, and relegation of Hispanic to the least favorable job assignments and shifts. Ramirez v. NYP Holdings, Inc. The Court permitted this claim to proceed
#metoo and the Boardroom
Goldberg Segalla’s Jonathan Schwartz welcomes Eric Marler and Carrie Graziani of Hanover Insurance Group for a discussion of the Me Too movement, potential directors and officers’ liability, and its effect on corporate culture and risk management. Eric and Carrie focus on the legal issues surrounding sexual harassment at the executive
Severe and Pervasive: Pay Attention to Your State’s Sexual Harassment Standard
A Georgia EMT sued her former employer, alleging sexual harassment and retaliation in violation of Title VII. Plaintiff alleged that sexual comments during the four months created a hostile environment. The comments included an owner calling Plaintiff attractive, saying he loved chocolate milk in apparent reference to her in a
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.
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.
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).
Healthcare Lawyers Meeting Highlights Need for a Coordinated Approach to Preventing Sexual Harassment in Hospitals
Speakers at the 2019 American Health Lawyers Association’s Physicians and Hospitals Law Institute repeatedly emphasized the importance of a coordinated approach to preventing harassment in hospitals.
Senate Democrats Preview Workplace Harassment Agenda
Senator Patty Murray (D-WA), the ranking Democrat on the U.S. Senate’s Committee on Health, Education, Labor and Pensions – the committee with oversight of federal anti-discrimination law – has released recommendations for legislative action to combat unlawful workplace harassment. While most of these recommendations are unlikely to see legislative action in the next Congress, they clearly lay out a blueprint of where Senate Democrats (and House Democrats, who will hold the majority in the lower chamber of Congress come January) are likely to focus attention on issues relating to workplace harassment and the continued #MeToo movement.
#MeToo Claims Hit Foreign Sovereign Employers in the U.S.
Accusations of harassment against Harvey Weinstein, Charlie Rose, Matt Lauer, Bill Cosby and now even Supreme Court Justice nominee Brett Kavanaugh, among many others, over the past year underscore one thing: No one, whether he or she is a prominent politician, corporate CEO, judge, famous entertainer, ambassador or consul general, is immune from the adverse publicity, if not liability, that follows once harassment claims are made.
Dallas Mavericks Investigation Report Recommends Women in Leadership and Anonymous Workplace Climate Surveys to Combat Sexual Harassment
Following a February 2018 Sports Illustrated article regarding alleged sexual harassment and misconduct within Dallas Basketball Limited, the Dallas Mavericks basketball organization (“Mavericks”), the Mavericks commissioned an independent investigation into the claims. The investigators, comprised of two outside law firms, interviewed 215 witnesses and analyzed 1.6 million documents. The investigation report was publicly released on September 19, 2018.
No Tax Deduction for Sexual Harassment Settlements Subject to Confidentiality Provision
Congress recently passed the 2017 Tax Cuts & Jobs Act which includes Internal Revenue Code §162(q). Specifically
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