On October 4, 2021, a North California federal jury awarded a former Tesla subcontractor $137 million after finding that he had been subjected to a hostile work environment and that Tesla was responsible for the harm it caused.
Articles Discussing General Topics In Workplace Sexual Harassment.
New Sex Harassment Laws: Making for Strange Bedfellows in Construction Industry
In the construction industry, where multiple companies working closely together abound and where it is more difficult to monitor employee behavior because many employees are in the field, more incidents of inappropriate behavior occur.
The Aftermath of the Cuomo Investigation Report: Lessons for Employers
The New York attorney general’s August 3, 2021, report regarding the sexual harassment allegations brought against former New York governor Andrew Cuomo, “Report of Investigation Into Allegations of Sexual Harassment by Governor Andrew M. Cuomo,” contains extraordinary detail to support the conclusion that Cuomo “sexually harassed a number of current
More About the Cuomo Investigation
Many of you have commented about my post last week on the investigation into Governor Cuomo’s workplace conduct.
Top Takeaways for Employers from the Andrew Cuomo Investigation Report
By: Top Takeaways for Employers from the Andrew Cuomo Investigation Report
Nearly six months after the New York Attorney General announced the commencement of an independent investigation of allegations of sexual harassment against Governor Andrew Cuomo, a bombshell, 168-page investigation report has been released to the public on August 3, 2021.
Fourth Circuit Clarifies Scope of Title VII Same-Sex Workplace Harassment
Same-sex harassment in the workplace under Title VII of the Civil Rights Act is not strictly limited to the three scenarios in the U.S. Supreme Court’s seminal 1998 opinion in Oncale v. Sundowner Offshore Services, a three-judge federal appeals court panel has held in Roberts v. Glenn Indus. Grp., Inc., No. 19-1215, 2021 U.S. App. LEXIS 15224 (4th Cir. May 21, 2021).
There’s No Leaving It at the Office: Workplace Harassment When Working from Home
March 11, 2021 marks one year since the World Health Organization declared the coronavirus outbreak a pandemic, and for many employees it also marks one year of working from home. According to Upwork’s “Future of the Workforce Pulse Report,” 26.7 percent of Americans are expected to be working remotely through 2021, and by 2025 more than 36 million will be doing so – an 87 percent increase from pre-pandemic levels.
Is One Enough? Employee Asks U.S. Supreme Court if Single Utterance of Racial Slur Creates Hostile Work Environment
Is a single utterance of an offensive racial slur – specifically the “N-word” – enough to create a hostile work environment under Title VII of the Civil Rights Act of 1964?
A Black operating room aide in Dallas, Texas, has petitioned the U.S. Supreme Court to decide the question. The
Addressing and Preventing Inappropriate ‘Shop Talk’
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.
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.
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