Sexual Harassment Prevention Training Now Mandatory for California Employers
Christopher E. Cobey and David N. Goldman of Littler Mendelson, P.C.
Prudent employers have trained managers and employees on preventing unlawful discrimination and harassment in the workplace for years. Such training helps employers avoid conflicts that result in litigation and can also help defend against lawsuits if they arise. This wise course of action has become a legal responsibility since Governor Arnold Schwarzenegger signed Assembly Bill 1825 on September 29, 2004.
California Supreme Court Affirms Strict Liability for Supervisor Sexual Harassment But Applies "Avoidable Consequences" Doctrine to Limit Damages
Catherine L. Dehlin of Quarles & Brady LLP
In a highly anticipated decision for employment lawyers and their clients, on November 24, 2003, the California Supreme Court ruled in State Department of Health Services v. McGinnis that California's Fair Employment and Housing Act (FEHA) imposes strict liability on employers for all acts of sexual harassment by a supervisor. However, the Court also gave some hope to employers having to defend such cases.
Retaliatory Harassment Actionable under Title VII
Bodman LLP
In a case of first impression, the U.S. Sixth Circuit Court of Appeals has determined that retaliatory harassment b.
Supreme Court Rules on "Same Sex" Harassment
Alan M. Gerlach of Broad and Cassel
In Oncale v. Sundowner Offshore Services, Inc., 118 S. Ct. 998 (1998), the Supreme Court handed down a unanimous de.
New California Law Requires Sexual Harassment Training For All Supervisory Employees
Catherine L. Dehlin of Quarles & Brady LLP
On September 29, 2004, California's Governor approved legislation that requires California employers that regularly employ 50 or more employees (including independent contractors, temporary employees, and employees located outside of California) to provide all supervisory employees with two hours of classroom or other effective interactive sexual harassment training. Under the new law simply watching a video is probably not enough.
The Fair Credit Reporting Act And Workplace Investigations
Bodman LLP
On April 5, 1999, the Federal Trade Commission (FTC) issued an opinion letter regarding sexual harassment investiga.
Supreme Court Finds Employers Liable for Sexual Harassment for Supervisors, but Creates Affirmative Defense
Mary Anne Ackourey of Freeman Mathis & Gary, LLP
The United States Supreme Court in two landmark decisions has outlined the circumstances in whi.
Dissatisfied Employees Sue at Record Pace
Douglas B. M. Ehlke of Ehlke Law Offices
Lawyers Weekly USA newspaper reported a 2004 Chubb Insurance Co. survey of private employers wherein pervasive statistics reveal unprecedented employee unrest:
One in four companies surveyed had been sued by an employee or former employee in recent years, one in five had received a discrimination complaint filed with the EEOC or similar state agency.
Employment Practices Liability Insurance: A Viable Preventive Strategy
Jackson Lewis LLP
This article reviews the benefits of obtaining Employment Practices Liability Insurance as a viable preventive strategy against employment claims.
Sexual Harassment: Deductibility of Sexual Harassment Expenses
Steve Lawrence Waserstein of Broad and Cassel
Sexual harassment lawsuits against employers are increasing with no end in sight, especially considering the recent.
Complaints To Wrong Managers
Sandra K. Weeks of Parsons Behle & Latimer
A recent decision from the United States Court of Appeals for the Eleventh Circuit demonstrates the importance of having a well-drafted and enforced anti-harassment policy. The employees in the case claimed that the store manager at a Publix Supermarket created a hostile work environment through inappropriate touching and comments.
Lex Mentis - My Life's a Mess and It's All Your Fault
James J. McDonald of Fisher & Phillips LLP
A plaintiff in a sexual harassment lawsuit claims her male supervisor sexually assaulted her repeatedly. Discovery reveals, however, a life history of multiple traumas and dysfunctions, including childhood sexual abuse, prior suicide attempts, bulimia, and substance abuse. Another plaintiff, in a national origin discrimination lawsuit, claims to have been harassed or slighted dozens of times over many years on account of his ethnicity. Interviews with his supervisors and co-workers, however, reveal that he has long been suspicious and hypersensitive to even petty slights from others.
The Likelihood of Employer Liability for Sexual Harassment in the Workplace Has Increased Based upon Recent Supreme Court Decisions
Smith, Currie & Hancock LLP
The United States Supreme Court recently issued two decisions in the area of sexual harassment. These cases discus.
What is Sexual Abuse?
Law Offices of John P. Brown
First of all you have to understand that the right to be free of Sexual Harassment is a Civil Right protected under.
Employer Liable for Failure to Provide Accurate Job Reference
Spencer E. Austin of Parsons Behle & Latimer
The New Mexico Court of Appeals in Davis v. Board of Commissioners found that while an employer may remain silent when asked for information about a former employee, once an employer decides to offer information, it owes a duty of care in regard to what it says and what it omits. The court held that this duty may run to a third party when a substantial risk of physical harm to third persons by the former employee is foreseeable.
Retaliatory Harassment: Actionable?
Patricia S. Robinson of Fisher & Phillips LLP
We know that under Title VII of the Civil Rights Act of 1964, an employer is strictly liable if a supervisor creates a hostile work environment, unless the employer has taken prompt remedial action which ends the harassment. But what is the employer's liability when the perpetrators are co-workers and not supervisors and the harassment is retaliatory in nature?
Labor & Employment Update--August 1998
Brobeck Phleger & Harrison LLP
This update contains article entitled: Employee Reports Of Harassment Are Protected Against Libel Or Slander Suits; Illegal Employee Still Entitled To Protection From Sexual Harassment; California Court Eases Burden on Employer Who Discharges Employee for Harassment or Other Misconduct; Harassment Claims Need Not Be Based On Recent Misconduct; and State Legislature Bans The Use Of Genetic Tests By Employers.
Sexual Harassment Policy Creates Employment Contract
Ford & Harrison LLP
In a somewhat surprising decision, the Illinois Appellate Court recently ruled that a company's strongly worded sex.
The "Female-Friendly" Workplace
Christine Stolba* of The Federalist Society
The latest public shaming effort to make news was organized by the National Organization for Women. NOW recently revived its "Women Friendly Workplace Campaign" by naming Wal-Mart, the country's largest private employer, a "Merchant of Shame."
ELLERTH And FARAGHER: Applying The Supreme Court's "Delphic Pronouncement" On Employers' Vicarious Liability For Sexual Harassment
Bodman LLP
Last summer, the U.S. Supreme Court issued two decisions, Burlington Industries, Inc v Ellerth and Faragher v City .
Hostile Environment and Constructive Discharge: When the Employer is Strictly Liable
Kristine Grady Derewicz of Littler Mendelson, P.C.
In a clarification of the application of the affirmative defense first made available in the Court's Ellerth and Faragher decisions, the U.S. Supreme Court has ruled that the affirmative defense is available to employers in some, but not all, cases of constructive discharge. The critical question is whether the "quit" was precipitated by any official act of a supervisor such that the employer should be strictly liable for the consequences or, alternatively, whether the employer played no role in the "quit" and, therefore, can defend itself by proving the affirmative defense.
Employers May Be Responsible for Sexual Harassment Committed by Their Supervisors, Even if the Employers Had No Knowledge of the Supervisors' Misconduct
Thomas L. McCally of Carr Maloney P.C.
On June 26, 1998, the Supreme Court held, by 7-to-2 votes in two separate cases, Faragher v. City of Boca Raton and.
Employment Law Update--Spring, 1999
On March 1, 1999, the EEOC issued long awaited guidelines to clarify the rights and responsibilities of employers and individuals with disabilities under Title I of the Americans with Disabilities Act ("ADA"). Whether the EEOC's Guidance successfully clarifies "reasonable accommodation" and "undue hardship" is debatable. The EEOC Guidance does, however, provide employers with the EEOC's view on employers' duty to provide reasonable accommodations to individuals with disabilities.
U.S. Supreme Court Holds Title VII Prohibits Same-Sex Harassment
This article discusses a brief, unanimous decision by the United States Supreme Court which held that Title VII prohibits same-sex sexual harassment.
Harassment of the Disabled: A Workplace Issue
David A. Anderson of Parsons Behle & Latimer
Claims under the American with Disabilities Act (ADA) traditionally have focused on adverse employment decisions such as terminations or challenged working conditions or assignments. Recently, however, ADA plaintiffs have been adding claims for harassment because of their disability.
Labor & Employment Update--July 1998
Brobeck Phleger & Harrison LLP
This labor and employment report contains articles entitled: United States Supreme Court Frames New Rules on Sexual Harassment; California Supreme Court Finds That Supervisors Cannot Be Individually Liable For Discrimination; and Federal Court of Appeals Finds Workplace Arbitration Agreement Unenforceable.
Client Alert: August 1999
Paul, Hastings, Janofsky & Walker LLP
This Client Alert discusses Punitive Damages; EEOC guidance on Employer's vicarious liability for workplace harassment; and Supreme Court cases clarify ADA obligations.
Keeping The Locker Room Out Of The Workplace -- Same Sex Sexual Harassment Claims After Oncale
John W. Hamlin of Paul, Hastings, Janofsky & Walker LLP
Most employers and their employees are keenly aware that sexually offensive language and conduct between men and wo.
The Plaintiff's Past: Limits on Inquiries into the Plaintiff's Sexual and Medical History in Sexual-Harassment Cases
Ryan Law Firm
In many sexual-harassment cases, the defendants argue that the conduct alleged was not "unwelcome", or that the work environment created by that conduct was not "intimidating, hostile, or offensive" to the plaintiff.
U.S. Supreme Court and New Jersey Superior Court Rulings Pave the Way for More Employee Lawsuits
Bruce L. Harrison of Capehart & Scatchard, P.A.
On June 22, 1999, the United States Supreme Court and the Superior Court of New Jersey handed down separate ruling.
Rogues in HR CLothing Can Create Punitive Liaibility
Ellen Kitzmiller of Parsons Behle & Latimer
Last summer in the case of Kolstad v. American Dental Association, the U.S. Supreme Court stated that a company will be insulated from punitive damages when a rogue manager engages in sexual harassment despite the company's good-faith efforts to comply with Title VII. It now appears, however, that the "good-faith" rule of law has an exception.
Employment Problems that could have been Avoided
Workplace Resolutions, Ltd.
Through our years of practice we have seen numerous employment problems that could have been averted or resolved .
U.S. Supreme Court Issues Important Rulings on Employer Liability for Sexual Harassment
Duff, White & Turner, LLC
On June 26, 1998, the U.S. Supreme Court issued two rulings that will make it easier for employees who are sexuall.
January 1999 Civil Rights Alert
Brown Schwartz & Patterson
SEXUAL HARASSMENT-UNITED STATES SUPREME COURT-EMPLOYER LIABLE EVEN ABSENT ADVERSE JOB CONSEQUENCES: The United S.
Seventh Circuit Sets Out Liberal Standard For Same-Sex Harassment Lawsuits Under Title VII
Ford & Harrison LLP
On July 17, 1997, a three-judge panel of the United States Court of Appeals for the Seventh Circuit in Chicago join.
Employers Face Greater Risk From Workplace Romance: California Supreme Court Rules That Office Affairs May Give Rise To Sexual Favoritism Claims
Stephen C. Tedesco and Jamie M. Harding of Littler Mendelson, P.C.
Employees in California may now sue their employers for sexual harassment if a sexual affair between a supervisor and a subordinate results in "sexual favoritism" creating a hostile work environment for those employees not involved in the affair. A unanimous California Supreme Court in Miller v. Department of Corrections held that consensual sexual affairs may constitute sexual harassment if "sexual favoritism" ? giving preference with regard to the terms of employment to a lover to the detriment of other employees ? is sufficiently widespread to create an actionable hostile work environment under California's unlawful harassment law.
Fourth Circuit Offers Valuable Advice on Limiting Exposure to Liability for Sexual Harassment
Duff, White & Turner, LLC
The April 1, 1998 ruling granting President Clinton's motion for summary judgment in the Paula Jones sexual harass.
Complaint Procedures to Limit Employee Liability
Paul, Hastings, Janofsky & Walker LLP
Watch For . . . Faragher v. Boca Raton,111 F.3d 1530 (11th Cir.), cert.granted, __U.S.__, 118 S.Ct. .
Back to the Center? The Governator Puts His Stamp -- and the Brakes -- on California's Employment Legislation in 2004
Christopher E. Cobey of Littler Mendelson, P.C.
With the recall of Democratic Governor Gray Davis, and the installation of Arnold Schwarzenegger as his successor late last year, employers expected a change in approach to Sacramento's ever-increasing legislation of the workplace in the Golden State. The employers' expectations have been met -- and how!
Sexual Harassment--Employer's Liability for Supervisor's Conduct Clarified By U.S. Supreme Court
Cooley Godward Kronish LLP
This alert discusses the impact of the United States Supreme Court decision regarding vicarious liability of the employer towards the actions of their supervisors in a sexual harassment context.
Definition of "Hostile Work Environment" Expanded by U.S. District Court
Dingeman, Dancer & Christopherson, P.L.C.
A recent decision by the United States District Court in New York has expanded the concept of a "hostile work.
Sexual Harassment and Vicarious Liability after FARAGHER and ELLERTH
McLain & Merritt, P.C.
BACKGROUND For sometime now, different standards have been applied by the various federal circuit appellate courts.
Labor and Employment Update: Supreme Court Review--Past, Present and Future
Pepper Hamilton LLP
This update reviews significant decisions in the area of labor and employment law issued by the United States Supreme Court, as well as important cases handed down in early 1998 and significant cases pending presently before the Supreme Court.
Summary Judgment Used Sparingly in Sexual Harassment Cases
Paul, Hastings, Janofsky & Walker LLP
An employee sued her former employer claiming sexual harassment and retaliation in violation of Title VII.
Conducting an Internal Investigation in a Big Case: Avoiding Common Mistakes
Jacques M. Wood of Buchanan Ingersoll & Rooney PC
INTRODUCTION An organization confronted with an out-of-the-ordinary allegation of wrongdoing, raised either by an .
Disabled Employees Can Now Sue for Workplace Harassment
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The ADA prohibits discrimination against a qualified disabled employee because of their disability in regard to terms, conditions and privileges of employment.
Sexual Harassment in the Workplace
This article is a brief summary of the definition of sexual harassment and its application to the workplace.
Employment Law Group Update: Employer Prevails Where Alleged Sexual Harassment Victim Failed to Avail Herself of Company Policy
Wilson Sonsini Goodrich & Rosati
This update discusses the holding in Kohler v. Inter-Tel Technologies, where a federal district court threw out an employee?s claim of sexual harassment where the company had a sexual harassment policy in place and the employee failed to use it.
Sexual Harassment--its Not Just General Hardtack and Miss Buxley Anymore
Smith, Currie & Hancock LLP
Since Clarence Thomas' confirmation hearing and the Paula Jones lawsuit, sexual harassment has been a frequently re.
Illegal Job Harassment: It's Not Just About Sex Anymore
Louis C. Rabaut of Warner Norcross & Judd LLP
This article discusses the importance of employers to prohibit harassment based on any protected status, not just sex harassment.
Facts About Sexual Harassment
United States Department of Labor-Office of the Solicitor
This fact sheet gives an overview of what constitutes sexual harassment under Title VII of the Civil Rights Act of 1964.
Sexual Harassment Claims Defense: What the Mediator Looks For
Douglas B. M. Ehlke of Ehlke Law Offices
From Thanksgiving through this past Christmas, lawyers scrambled to settle (mostly through mediation) their clients' sex harassment employment claims to beat Congress's year-end legislation triggering psychological injury damage (without physical injury) awards to become taxable earned income as of January 1, 1996. In other words, employment claims for psychological injury from sexual harassment would become taxable, spiraling upward demands to settle for the same net recovery and costing companies more. As a result, these claims poured into year-end mediation funnels nationwide in order to be settled by December 31.
Failure to Mention Sexual Nature of Harassment Fatal to Claim
Elisabeth R. Blattner-Thompson of Parsons Behle & Latimer
In the recent case of Kunin v. Sears Roebuck & Co., the Third Circuit Court of Appeals overturned a jury finding that Sears was vicariously liable for hostile work environment sexual harassment. The plaintiff, Kunin, had been subjected to regular profanity by a co-worker, including calling Kunin derogatory and offensive gender-based names.
U.S. Supreme Court Clarifies Employer Liability for Sexual Harassment by Supervisors
Bodman LLP
In two opinions issued on June 26, 1998, Burlington Industries Inc v Ellerth and Faragher v City of Boca Raton, the.
Supreme Court Clarifies Method for Counting Employees under Title VII
Ford & Harrison LLP
The U.S. Supreme Court has adopted the "payroll" method of counting employees to determine whether an employer sati.
You've Heard About the Supreme Court's Decisions on Sexual Harassment. Now What?
DLA Piper LLP
This alert provides specific steps to help prevent workplace sexual harassment claims.
Training About Sexual Harassment Can Make All The Difference
David A. Anderson of Parsons Behle & Latimer
In real estate, the saying goes, it's all about location. In the law governing workplace sexual harassment, it's turning out to be all about training.
Practical Implications for Employers
Broad and Cassel
In defense of a sexual harassment case involving a supervisor-subordinate relationship, it will be important for an.
Jury Awards $26 Million To Executive Fired Over Racy "Seinfeld" Rhyme
Ford & Harrison LLP
A Wisconsin jury recently awarded $26.6 million, $18 million of which were punitive damages, to a former Miller Bre.
Suggestions For Minimizing Workplace Diversity Conflicts
Anna Elento-Sneed of Carlsmith Ball LLP
The "American" workplace is changing. There are more women, minorities, immigrants, non-immigrant contract workers.
Sexual Harassment by a Supervisor Can Trigger Employer Liability
Douglas B. M. Ehlke of Ehlke Law Offices
When a supervisor subjects an employee to a "tangible employment action" (i.e. hiring, firing, loss of pay, demotion), the employer can be held strictly liable, eliminating employer defenses such as prompt investigation and remedial action.
Employer Following Complaint Procedure in Handbook Sets Forth Affirmative Defense to Sexual Harassment Claim
Paul, Hastings, Janofsky & Walker LLP
The United States District Court for the Eastern District of California granted the employer's motion for summary judgment in this sexual harassment case because the plaintiff "unreasonably failed to take advantage of the preventive and corrective opportunities provided by AGCO or to otherwise avoid harm.
Sexual Harassment is in the Headlines
Riker Danzig Scherer Hyland & Perretti LLP
This article explains a recent Supreme Court ruling that sends the message that the Court believes litigants and lower courts are getting carried away on claims of sexual harassment.
Court Interprets New Affirmative Defense to Supervisory Sexual Harassment
Lois A. Baar of Parsons Behle & Latimer
A Virginia federal district court applied the "Faragher-Burlington Industries affirmative defense" established by the Supreme Court recently and found an employer wanting in the second element of the defense.
The Time Has Come to Train Supervisors on Preventing Workplace Violence
Douglas B. M. Ehlke of Ehlke Law Offices
Workplace violence has significantly escalated to the point where managements need to include a focused program on preventing, recognizing, and resolving workplace violence. It is no longer a potential. There are real numbers.
Investigating the Sexual Harassment Claim
David F. Root of Carlock, Copeland & Stair, LLP
Claims and lawsuits alleging sexual harassment in the workplace are on the rise. During the 1990s, .
Do You Need An E-Mail And Computer Policy?
Saul Ewing LLP
The information superhighway has created avenues to enhance workplace efficiency. Over the past decade, cell phone.
Sexual Favoritism: When an Office Romance Can Result in a Hostile Work Environment Claim
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
In a groundbreaking development, the California Supreme Court recently issued a unanimous decision holding that widespread sexual favoritism in the workplace may create a hostile work environment for other employees. See Miller v. Department of Corrections.
EEOC Guidance on Employer's Vicarious Liability for Workplace Harassment
Paul, Hastings, Janofsky & Walker LLP
On June 18, 1999, the Equal Employment Opportunity Commission issued Guidance on an employer's vicarious liability .
Focus on Employment & Discrimination Law
Law Offices of J. Robert McPherson
Question: Recently we read in the paper that the U.S. Supreme Court decided 2 cases where the employers in the .
Jones V. Clinton--A Free Pass to Harass?
Mary C. Dollarhide of Paul, Hastings, Janofsky & Walker LLP
After Paula Jones' sexual harassment claim was disposed of on summary judgment, several clients asked whether .
District Liability for Supervisor to Employee Sexual Harassment
Duff, White & Turner, LLC
On June 25, 1998, the U.S. Supreme Court issued two opinions on the subject of sexual harassment in the workplace .
Update on Quebec: Legal Developments
Paul,Louise,Thomas,Julie,Catherine and Stéphanie
In 2003, significant changes to the business tax regime were announced by the then newly elected government of the province of Quebec. These measures suspended, reduced or eliminated a number of tax incentives that had been created to foster specific sectors of the Quebec economy. In the two successive provincial budgets delivered after the changes were announced in 2003, the government of Québec has tinkered with some of the announced changes.
Train Supervisors on Preventing Workplace Violence
Douglas B. M. Ehlke of Ehlke Law Offices
Nearly two million American workers per year are victims of physical attack at their workplace. Based upon a 1993 study published by Northwestern National Life Insurance Co., Fear and Violence in the Workplace, an additional six million workers were threatened, 16 million were harassed, and between July 1992 and July 1993, nearly one in four workers was reported to have been harassed, threatened or attacked on the job.
U.S. Supreme Court Redefines Employer Liability For Sex Harassment By Supervisors: An Invitation To Employers To Launch Full Scale Preventive Efforts And Reexamine Limits Of Supervisory Authority
Katherine Cooper Franklin,Theresa L. Butler and Garry G. Mathiason of Littler Mendelson, P.C.
This article addresses recent U.S. Supreme Court holdings which focus on sexual harassment, the holdings will have broad application to anti-discrimination employment law as a whole.
Title VII and Sexual Harassment Claims
William S. Sutton of McLain & Merritt, P.C.
INTENDED PURPOSE Title VII of the Civil Rights Act of 1964 (42 U.S.C. ?2000e et seq.) prohibits covered employers .
Supreme Court Throws Out Retaliation Claim
Parsons Behle & Latimer
In a bit of good news for employers, the U.S. Supreme Court recently ruled that some incidents in the workplace are too trivial to constitute sexual harassment or to support a retaliation claim. While the Supreme Court's decision was brief and unsigned, it shows that even judges can become impatient with lawsuits based on minor workplace incidents.
Quid Pro Quo Harassment with No Adverse Consequences?
Paul, Hastings, Janofsky & Walker LLP
The United States Supreme Court has decided to review whether a claim of quid pro quo sexual harassment may be brought under Title VII when the employee did not submit to the harasser's sexual advances and did not suffer any adverse employment actions.
Labor & Employment Update--April 1998
Brobeck Phleger & Harrison LLP
This update contains articles entitled: Court Gives Expansive Definition Of "Supervisors" For Purposes Of Strict Liability Under The FEHA; Scope Of Domestic Partners Benefit Ordinance Limited; Mental Disorder Must Limit Major Life Activity To Constitute "Disability" Under FEHA; Court Questions Use Of Statistical Evidence In Layoffs; Counselor's CornerÃÂConducting Workplace Investigations.
Labor & Employment Update--March 1998
Brobeck Phleger & Harrison LLP
This update contains articles entitled: California Legislature considers Restrictions Against Layoff Of Older Workers; No Duty To Accommodate Disability Exists Absent Employer's Knowledge Of The Disability; Asking Secretary for Coffee Does Not Constitute Gender Discrimination; Same-Sex Harassment Actionable under Title VII; and Providing A "Stress-Free" Workplace Is Not A Reasonable Accommodation Under The ADA.
Workplace Harassment
Eskridge Law
This month's topic is harassment. We have observed this is an area where there is confusion by some employers. Whe.
Michigan Supreme Court Rejects Title VII Standard for Imposing Liability for Sexual Harassment under Michigan Law
Bodman LLP
In Chambers v Trettco, Inc, (July 31, 2000) the Michigan Supreme rejected by a six to one margin the U.S. .
Title VII Damage Caps: Calculating Your Maximum Exposure
Angella Renee Hebert of Thompson, Coe, Cousins & Irons, LLP
In Vance v. Union Planters Corp, the court defined the meaning of the term "current or preceding calendar year." Now employers have a bright line test for determining their maximum exposure in discrimination cases pursuant to Title VII.
Sixth Circuit Clarifies Employer Liability for Co-Worker Harassment
Bodman LLP
The Sixth Circuit Court of Appeals, in Blankenship v. Parke Care Centers (1997), expressed its view on an issue lik.
Recent Harassment Case Illustrates Importance of Corrective Action and Consistency in the Enforcement of Harassment Policies
Joycelyn A. Stevenson of Boult, Cummings, Conners & Berry, PLC
The Third Circuit Court of Appeals in Austin v. Norfolk Southern Corp., 158 Fed. Appx. 374 (3d Cir. 2005) recently issued a decision finding that in certain situations, an employer?s efforts to eradicate sexual harassment in the workplace may be considered sufficient and nondiscriminatory even if the complaining employee continues to experience harassment on a lower scale. The court also tackled the issue of successor-employer liability and whether the actions of a former employer may be imputed to the successor employer to show retaliation in violation of Title VII.
Outside Employee Investigations Must Comply with the Fair Credit Reporting Act
Momkus McCluskey, LLC
The Federal Trade Commission has determined that an employer who hires an outside firm to conduct an employee.
Responding to a Charge of Discrimination
John L. Ross of Thompson, Coe, Cousins & Irons, LLP
Second in a two-part series dealing with responding to administrative charges of discrimination filed either with the Equal Employment Opportunity Commission ("EEOC"), the Texas Commission on Human Rights ("TCHR"), or a local agency, such as the Fort Worth Human Rights Commission.
Front Pay Not Subject to Damage Caps
Angella H. Myers of Thompson, Coe, Cousins & Irons, LLP
May Title VII plaintiffs obtain awards of front pay which are not subject to the damage caps? The answer is a resounding yes!
April 1999 Civil Rights Alert
Brown Schwartz & Patterson
AMERICANS WITH DISABILITIES ACT-UNITED STATES SUPREME COURT-CONTROLLED CONDITION NOT A HANDICAP: The United Stat.
Hostile Work Claim Without Tangible Employment Action
Fargarson & Brooke
Employers can be held liable for the illegal conduct of supervisors if the conduct creates a hostile work.
Supreme Court Clarifies Employer Liability For Sexual Harassment By Supervisors--Client Alert: July 1998
Paul, Hastings, Janofsky & Walker LLP
In 1998, the US Supreme Court decided two long awaited employment discrimination cases, clarifying the law with respect to employer liability for acts of sexual harassment by supervisors. This Client Alert summarizes the Court's decisions and focuses on their practical effect, both on litigation and sexual harassment prevention.
What's It Worth?: Recent Local Settlements
Elisabeth R. Blattner-Thompson of Parsons Behle & Latimer
A Fair Labor Standards Act case brought by 15 illegal immigrants against two Chinese restaurants was recently settled for $140,000. Plaintiffs claimed they were entitled to overtime and minimum wages. Defendant claimed plaintiffs, as illegal aliens, had no rights under FLSA, and further claimed that defendant was entitled to an offset for housing the defendant provided to the plaintiffs.
FRA Responds to Railroad Intimidation Tactics
Roger Roe of Yaeger, Jungbauer & Barczak, PLC
Responding to mounting concerns about the harassment and intimidation of railroad workers.
Landmark Rulings Regarding Sexual Harassment
Loeb & Loeb LLP
Two major decisions published by the Supreme Court last week, Burlington Industries, Inc. v. Ellerth and Faragher v.
Severance Agreement Releasing Employer And Employees From Claims Is Enforceable
Bodman LLP
The Michigan Court of Appeals has affirmed that a severance agreement signed by a terminating employee that expres.
How Much Is Enough? Difficulties Defining "Hostile Work Environment" In Title VII Harassment Claims
Alexis L. Pheiffer of Quarles & Brady LLP
Harassment based on sex, race, national origin, or religion, can interfere with the terms and conditions of employment and therefore can, when sufficiently severe, violate Title VII of the Civil Rights Act of 1964 ("Title VII"). As recently as the 1980s, harassment claims were only rarely pursued, comprising only 3% of all discrimination charges filed with the U.S. Equal Employment Opportunity Commission ("EEOC") in that decade. However, the issue of harassment has become increasingly well known and by fiscal year 2003, 17.6% of the total discrimination charges filed with the EEOC were harassment claims.
Title VII Rights Extend Beyond Employer-Employee Relationship
Paul, Hastings, Janofsky & Walker LLP
After being terminated by her employer, IBP, Moland brought a Title VII action for sexual harassment and retaliation against Bil-Mar Foods.
Labor & Employment Update--February 1998
Brobeck Phleger & Harrison LLP
This update contains articles entitled: Melrose Actress Wins Over $4 Million In Pregnancy Discrimination Lawsuit; Discrimination Lawsuit Dismissed Because Of Workers' Compensation "Stress-Free" Work Restriction; Supreme Court Resolves Dispute Over Invalid Age Discrimination Releases; and Workplace Comments Result In Judgment Against Employer For Sexual Harassment.
Have You Been Injured on the Job? Harassed or Disciplined Because of it? Here is What to Do.
William G. Jungbauer of Yaeger, Jungbauer & Barczak, PLC
As every railroad worker knows, over the past several years incidents of harassment and intimidation arising from.
Avoiding Sexual Harassment
Dickinson Wright PLLC
The number of sexual harassment charges filed with the Equal Employment Opportunity Commission increased from 6,883.
Supreme Court Issues New Rules on Sexual Harassment
Buchanan Ingersoll & Rooney PC
In two decisions issued on Friday, June 26, 1998, the United States Supreme Court has reworked the legal standards .
Employer Strategies for Interviewing Claimants of Sexual Harassment
Broad and Cassel
An employer should start any meeting with the complaining individual employee or purported victim of sexual harassm.
Recent California Supreme Court Ruling on the Scope of the FEHA
Sheppard Mullin Richter & Hampton LLP
This article summarizes the Carrisales v. Department of Corrections decision whereby the Court held that coworkers who are not in a "supervisory relationship" with the victim cannot be held personally liable for harassment under the FEHA.
Hey, Good Lookin': Sex Discrimination in Hiring Reps
James J. McDonald of Fisher & Phillips LLP
This article examines the issue of using appearance as a hiring criterion and how it could lead to employment discrimination due to physical appearance. Given a new but growing trend to outlaw job discrimination based on appearance, further scrutiny of this practice may be expected.
Employers Liable for Supervisors' Sexual Harrassment Even if No Adverse Action Taken
While everyone in Washington was focusing on sexual harassment as a political issue, the U.S. Supreme Court was qui.
Texas Supreme Court Limits Emotional Distress Claims
Allan G. King of Littler Mendelson, P.C.
On August 27, 2004, the Texas Supreme Court issued its long-awaited decision in Hoffmann-LaRoche Inc. v. Zeltwanger. This decision has resulted in a significant change in Texas law on intentional infliction of emotional distress claims ÃÂ a change that is favorable to employers. The case had garnered substantial publicity as a result of the eight-figure judgment against the employer (Roche).
Sexual Harassment Law Clarified by Supreme Court
Partridge Snow & Hahn LLP
On June 26, 1998, the United States Supreme Court issued two opinions which clarify the law on sexual harassment cl.
Sexual Harassment Frame Work Used in Racial Harassment Case
Paul, Hastings, Janofsky & Walker LLP
Wright-Simmons v. City of Oklahoma City, No. 96-2603, 1998 WL 614414 (10th Cir., Sept. 15, 1998). .
Is It Time For Your Company's Check-Up?
Donald N. Sperling of Stein, Sperling, Bennett, De Jong, Driscoll & Greenfeig, P.C.
Employers routinely conduct annual, if not more frequent, audits of the financial well being of their business. Unf.
Discriminated Against At Work? Know Your RightsÃÂ
Law Offices of Frederic G. Leeds, P.C.
In New Jersey employment barring a contractual agreement is at "at will." This means an employer may terminate you.
Cyberspace Harassment
Thomas B. Lewis of Stark & Stark
Employers face new challenges attempting to prevent harassment and discrimination in the work place. Access to the Internet has become commonplace permitting employees access to explicit and harassing cyberspace material.
Remedial Action for Sexual Harassment
Eskridge Law
Our last Bulletin (Vol. 00, No. 7) discussed what an employer should do upon receiving a complaint of sexual harass.
Effective Investigations of Harassment Complaints
Dykema Gossett PLLC
STEP 1: BEFORE A COMPLAINT IS FILED The first step in an effective procedure is identifying the person who will.
This Investigation of Sexual Harassment Complaints
Eskridge Law
This month's topic is investigation of sexual harassment complaints. The procedure discussed below may also be used.
Discrimination and Harassment Limitations on a Supervisor's Personal Liability
David C. Olson of Cassidy Warner & Winstead
Discrimination and wrongful termination cases involve high stakes litigation for potentially large judgments.
Sexual Harassment
Connelly, Roberts & McGivney LLC
The explosion of sexual harassment litigation in the U.S. since the Senate confirmation hearings of Supreme Court J.
Punitive Damages
Paul, Hastings, Janofsky & Walker LLP
State of mind, not egregious conduct, is determinative. In Kolstad v. American Dental Ass'n, 119 S. Ct. 2118 (199.
Connecticut's 180-Day Complaint Filing Period is Mandatory: Employment Law Alert? Issue 62
Nixon Peabody LLP
This article explains Connecticut's General Statute law that requires a discrimination complaint to be filed within 180 days after the alleged acts of discrimination.
The Jackson Lewis Ten Step Response to the New Rules on Workplace Sexual Harassment
Jackson Lewis LLP
This article examines how employers should implement ten preventive measures to protect itself against sexual harassment in the workplace.
Facts About National Origin Discrimination
United States Department of Labor-Office of the Solicitor
This fact sheet gives an overview of what constitutes national origin discrimination under Title VII of the Civil Rights Act of 1964.
From the "Boom Boom Room" to Wall Street: The High Price for Locker Room Antics In The Financial Services Industry
Mary C. Dollarhide of Paul, Hastings, Janofsky & Walker LLP
Despite money and power, Wall Street is not immune from harassment and discrimination claims - claims that will li.
New EEOC Policy Guidance Examines Vicarious Employer Liability for Workplace Harassment and Much More
Nixon Peabody LLP
This article reviews the recent EEOC policy guidance which addresses vicarious employer liability for supervisor harassment.
Sexual Harassment: U.S. Supreme Court Cases Hold Employers Liable
Elena L. Ostby of Briggs & Morgan
The U.S. Supreme Court has recently decided two important cases in the area of sexual harassment: Burlington Indust.
English-Only Lawsuit Settled For $2.4 Million
Parsons Behle & Latimer
The University of the Incarnate Word in Texas recently settled a national origin discrimination lawsuit brought by the EEOC for $2.4 million. The EEOC claimed that 18 former housekeepers were subjected to verbal and physical abuse for speaking Spanish on the job. They were allegedly hit, pinched, had their hair pulled and called "stupid Mexicans" by a supervisor when they spoke Spanish at work.
Supreme Court's Latest Sexual Harassment Rulings
Vernis & Bowling of Miami, P.A.
The U.S. Supreme Court recently handed down two decisions defining when an employer is liable under Title VII of t.
Labor and Employment Update
Pepper Hamilton LLP
This update discusses the FTC's recent opinion letter concluding that the Fair Credit Reporting Act (FCRA) governs workplace investigations of harassment allegations by outside investigators.
Same-Sex Harassment Violates Title VII
Thomas L. McCally of Carr Maloney P.C.
On March 5, 1998, the Supreme Court held, in a unanimous decision, that the same principles of law which protect em.
Labor & Employment: May 1999
Brobeck Phleger & Harrison LLP
This update reviews Kohler v. Inter-Tel Technologies's recent decision extending the Title VII Sexual Harassment affirmative defense claim to California FEHA claims.
Employers Must Provide Procedure for Harassment Complaints
Paul, Hastings, Janofsky & Walker LLP
Plaintiff brought a Title VII race and gender discrimination claim against the defendant, alleging disparate treatment in terms of work assignments and also a hostile work environment.
Staring at Co-worker and Soured Romance May Rise to Level of Sexual Harassment
W. Mark Gavre of Parsons Behle & Latimer
A California appeals court ruled that unwelcome staring by a male employee at a female co-worker may constitute unlawful harassment. The woman complained that the man had repeatedly asked her out and made sexually suggestive comments. In response, the company ordered the man to stay away from the woman.
Michigan Court Adopts New Approach To Sexual Harassment Cases
Bodman LLP
In Chambers v Trettco, Inc, the Michigan Court of Appeals adopted the principles of employer liability for sexual h.
Frequently Asked Employment Law Questions
Can I be fired without just cause? In California most workers without a contract are considered "AT WILL" employee.
Illegal Aliens May Not Pursue Title VII Claim
Paul, Hastings, Janofsky & Walker LLP
In a Per Curiam opinion, the Fourth Circuit held that a Nigerian Title VII plaintiff was not qualified for a job because he lacked a valid work visa.
Sexual Harassment: An Overview
Dykema Gossett PLLC
Sexual harassment continues to be a significant issue and a claim that is frequently litigated in the workplace. .
Michigan Supreme Court Rules that Harassment on the Basis of Pregnancy is Actionable
Bodman LLP
The Michigan Supreme Court has ruled that harassment on the basis of pregnancy is actionable as a form of sex discr.
Does Staring Constitute Sexual Harassment?
Gowon Song of Carroll, Burdick & McDonough LLP
Mae West once said "It is better to be looked over than overlooked." The California Court of Appeal, however, may disagree.
Supreme Court Clarifies Application of Faragher/Ellerth Defense Where Employees Claim Constructive Discharge
Joel W. Rice of Fisher & Phillips LLP
In a significant percentage of sexual harassment cases, the employer's first notice of any problem is after the complaining employee has quit and filed a charge of discrimination with the Equal Employment Opportunity Commission or a state agency. Typically, the employee claims that the very same supervisory conduct that amounted to a hostile environment (and, hence, actionable sexual harassment) also forced the employee to resign. The employee then complains that his or her constructive discharge was a "tangible employment action" that prevents the employer from asserting the now familiar Faragher/Ellerth affirmative defense to liability in instances of supervisory sexual harassment.
Same Sex Harassment Actionable
Paul, Hastings, Janofsky & Walker LLP
Oncale v. Sundowner Offshore Services, Inc., __U.S.__ (March 4, 1998). This term the Supreme Court held that sa.
Lex Mentis - Taking Out the Garbage
James J. McDonald of Fisher & Phillips LLP
The scenario is all too familiar. A plaintiff in a harassment or discrimination lawsuit puts an "expert" witness on the stand to testify that in his or her opinion, the defendant employer discriminated against the plaintiff, or that a sexually hostile work environment existed, or the employer's policies or procedures were somehow inadequate. Such a witness, often addressed as "Doctor" and with an impressive-sounding resume in tow, usually will impress jurors, who might believe that a form of science must underlay the expert's conclusions.
Seinfeld Goes to Work
Laura B. Hoguet of Hoguet Newman Regal & Kenney, LLP
Newcomers to the American employment scene are often puzzled by the inconsistency between the anything goes freedom.
Independent Contractors Can Assert Racial Harassment Claims
W. Mark Gavre of Parsons Behle & Latimer
Normally discrimination and harassment claims are asserted by employees against their employers under statutes, such as Title VII, that prohibit employment discrimination. However, there is another federal statute, known as "Section 1981," that prohibits race and national origin discrimination in all "contractual relations."
Illinois Supreme Court Rules Tort Claims Not Necessarily Barred By Illinois Human Rights Act's Exclusivity Provisions
Ford & Harrison LLP
Reversing an appellate court decision, the Illinois Supreme Court recently ruled that employees may litigate indepe.
One Sexual Harassment Law Suit Can Devastate Even the Largest Employer
Momkus McCluskey, LLC
Consider the following: During the past five years, the number of sexual harassment complaints filed with the .
Sexual Harassment: An Ounce Of Corporate Prevention
Tillinghast Licht LLP
Sexual harassment has receive widespread media attention over the past few years, first attaining national recognition with Anita Hill's testimony at the confirmation hearings of United States Supreme Court Justice Clarence Thomas, and culminating with a jury verdict of $7,000,000 in the case involving a secretary's claims against a partner in the California law firm of Baker & Mackenzie.
Raising an Affirmative Defense to Constructive-Discharge Claims in Hostile-Work-Environment Cases
Athena M. Papachronis Herman of Benassi & Benassi, P.C.
The United States Supreme Court has issued a "must read" regarding Title VII of the Civil Rights Act of 1964. In Pennsylvania State Police v Suders, the Court established under what circumstances an employer may assert an affirmative defense to a claim of a hostile work environment created by a supervisor that culminates in a constructive discharge.
Sexual Harassment-The Roadmap to Avoid Liability
Michelle E. Coburn of Thompson, Coe, Cousins & Irons, LLP
This article outlines the path an employer must travel to sustain the affirmative defense in sexual harassment lawsuits.
Jones v.Clinton--Different Venue, Different Result?
McMillan, Rather, Bennett & Rigano, P.C.
Many legal commentators and analysts opined from the beginning that President Bill Clinton was fortunate that Paula.
What You Need To Know about Sexual Harassment and Discrimination
John M. Green, Jr. P.A.
Both Federal and Florida law provide remedies for victims of sexual harassment and discrimination. Federal remedies.
The ROI from Employee Training
Renee Inomata of Burns & Levinson LLP
To train or not to train. Because most companies are driven by return on investment (ROI), training employees on proper workplace behavior is often not a priority, since it means dedicating financial resources to the training and having employees spend work hours in training and not producing a product or service. Many companies, however, have learned the need for and value of such training the hard way.
Supreme Court Extends Ellerth/Faragher Affirmative Defense To Certain Constructive Discharge Cases
Elizabeth M. Marsh of Thompson, Coe, Cousins & Irons, LLP
On June 14, 2004, the United States Supreme Court issued its opinion in Pennsylvania State Police v. Suder and extended the affirmative defense originally outlined in Burlington Indus., Inc. v. Ellerth and Faragher v. City of Boca Raton to constructive discharge cases. In Suder, the Court held that an employee's failure to seek recourse under an employer's non-discrimination/non-harassment policy may bar a claim that the employee was forced to resign because of intolerable working conditions.
Regulating Work Place Romances
Randall P Sutton of Saalfeld Griggs PC
This article provides an overview of several policies an employer should consider in regulating work place romances and protecting against sexual harassment claims.
Appeals Court Restricts Employers' Defense Strategies In Sexual Harassment Suits
Ford & Harrison LLP
The United States Court of Appeals for the Eighth Circuit recently put the reins on employers' strategy of probing .
Employment Law Alert
Broad and Cassel
Disability did not have to be the "sole cause" of an adverse employment action in order for a Plaintiff to recover..
Prohibiting Improper Relationships Between Supervisors and Subordinates
Nixon Peabody LLP
This article reviews why a company may want to implement a policy against prohibiting romantic relationships between supervisors and subordinates.
Supreme Court Rules On Evidentiary Matters Involving Mixed-Motive Employment Discrimination Cases
Elizabeth Sarah Gere and Stephen B. Stern of Troutman Sanders LLP
Employers generally realize that trying a 'mixed-motive"discrimination lawsuit in front of a jury may be risky; it is expensive, the stakes may be high and the outcome uncertain. The U. S. Supreme Court's recent ruling may change this dynamic in mixed-motive cases as more cases may survive summary judgment and reach a jury based on circumstantial evidence of discriminatory motive
Identifying and Investigating Sexual Harassment Complaints
Nixon Peabody LLP
This article discusses how a company should have the appropriate strategies in place to investigate both the undocumented sexual harassment complaint and the complaint made to the lower-level individual.
What You Should Know About Sex Harassment In The Workplace
Mansfield, Tanick and Cohen, P.A.
There are two types of sex harassment. One is called quid pro quo harassment, where someone is forced to submit to.
Protecting Your Organization From Expanding Workplace Harassment And Retaliation Liability
Kathleen Furey McDonough of Potter Anderson & Corroon LLP
Several 1998 U.S. Supreme Court decisions emphasized that every employer MUST develop company policies on sexual and other forms of harassment. As part of the policy it should be stated that such behavior will not be tolerated, and shall serve as a basis for termination.
Are Your Security Personnel Putting You at Risk? Safe Ways of Using Your Security Department
Paul, Hastings, Janofsky & Walker LLP
You have probably read frightening headlines stating some variation of the following, "On-Job Incidents i.
Developments in the Law of Sexual Harassment
Lisa A. Zaccardelli of Levy & Droney P.C.
In an environment when even the President of the United States is subject to embarrassing, time-consuming and .
How Can the Company Protect Itself From Liability for Supervisors Who Sexually Harass Employees?
Ryan, Swanson & Cleveland, PLLC
The U. S. Supreme Court has ruled that employers are responsible for even a low-level supervisor's sexual harassme.
Employers Potentially Liable for Harassing Postings on Electronic Bulletin Boards Exposure
Barry J.E. Greve of Thompson, Coe, Cousins & Irons, LLP
The dot.com world and the traditional office collided head-on in New Jersey and when the e-smoke cleared, an employer found itself potentially liable for cyberspace harassment.
Texas Labor And Employment Case Law
Hays, McConn, Rice & Pickering, P.C.
A. WORKERS'COMPENSATION: 1.SUBROGATION: b.Texas Workers' Compensation Ins. Fund v. Serrano, 9.
Employment Law Group Update: Supreme Court Makes it Easier for Employees to Prevail in Sexual Harassment Cases
Wilson Sonsini Goodrich & Rosati
This update discusses the Supreme Court's opinion in Burlington Industries, Inc. v. Ellerth, in which the Court held an employer may be held directly liable, i.e. "automatically liable," where a supervisor engages in quid pro quo sexual harassment, even where the employee did not submit to the alleged harasser's sexual demands or suffer any tangible adverse job effects.
Employers Liable for Supervisors' Sexual Harassment Even if no Adverse Action Taken
While everyone in Washington was focusing on sexual harassment as a political issue, the U.S. Supreme Court was qui.
Sexual Harassment Recent Developments
Frank Howard Henry of Broad and Cassel
In two companion cases, the United States Supreme Court recently announced a new framework for employer liability i.
EEOC'S New Guidance on National Origin Discrimination & English-Only Rules
Sharrieff Shah of Parsons Behle & Latimer
SCENARIO:ÃÂ Two olive-skinned, full-bearded men of Arab descent sit in your break room discussing a party they both attended over the weekend.ÃÂ Nothing is unusual except that the conversation is spoken in Arabic only.ÃÂ Two of your non-Arab employees overhear their conversation and remark, "Look at 'em- they're probably over there planning the next major terrorist event.
Sexual Harassment an Ounce of Prevention
Frank Howard Henry of Broad and Cassel
Most employers are aware that reports of sexual harassment must promptly and thoroughly be investigated. Where appr.