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.
Avoiding Punitive Damages in Employment Discrimination Cases: A Practical Guide
DLA Piper LLP
This article reviews how a company can avoid the imposition of punitive damage awards and reduce the cost of overall discrimination suits by following certain guidelines relating to anti-discrimination policies.
Be Careful With "Do Not Discuss" Policies: They May Not Be Legal.
Paula A. Barran of Barran Liebman LLP
The National Labor Relations Board (NLRB) issued a ruling on January 6, 2000 that ought to have employers .
Environmentally Preferable Products and Services
Gerald H. Yamada of Paul, Hastings, Janofsky & Walker LLP
President Clinton issued Executive Order ("EO") 13101 entitled "Greening the Government Through Waste Prevention, .
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.
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. .
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.
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.
New Trends in Environmental Law: Environmental Justice
Morrison & Foerster LLP
This article concerns new rules proposed by the EPA which would mandate the new developments and project must consider and report effects of their projects on minority communities.
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.
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.
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.
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.
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.
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.
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.
EEOC Revises its Compliance Manual Regarding Charge Filing Deadlines
Kevin S. Mullen of Thompson, Coe, Cousins & Irons, LLP
The U.S. Equal Employment Opportunity Commission ("EEOC") has, recently, revised its Compliance Manual?the agency?s internal investigation manual?to reflect current law regarding charge-filing time limitations.
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). .
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.
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.
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.
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.
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.
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.
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.
Frequently Asked Employment Law Questions
Can I be fired without just cause? In California most workers without a contract are considered "AT WILL" employee.
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.
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.
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.
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.
Sexual Harassment in the Workplace
This article is a brief summary of the definition of sexual harassment and its application to the workplace.
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."
Labor & Employment Update--October 1998
Brobeck Phleger & Harrison LLP
This labor and employment report contains articles entitled: Federal Court Holds That Managers May Be Individually Liable For Violations Of The Family and Medical Leave Act; Claim For Discrimination Based On Work-Related Disability Not Barred By Workers' Compensation Exclusivity; California Court Grants Employers Greater Latitude In Deciding Which Employees To Lay Off; and Federal Appeals Court Extends Supreme Court Rulings To Claims of Racially Hostile Work Environment.
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.
Multnomah County Requires Smoke-Free Workplace by July 1, 2000
Barran Liebman LLP
Effective July 1, 2000, all places of public and private employment in Multnomah County, must be smoke free.
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.
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.
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.
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.
Employment Issues in Communications Technology
John J. Michels and Rodney A. Satterwhite of McGuireWoods LLP
This article discusses the impact of the communications and high-tech industry on typical employee hiring issues.
More Than Just E-Mail: Comprehensive Information Policies for the Digital Age
Jeffrey S. Bosley and John C. Corcoran of Thelen LLP
This article discusses the need for employers to have a comprehensive "information policy" that addresses how both the employee and the employer use electronic mail.
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.
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.
The Fair Credit Reporting Act (FCRA) and the Investigation of Employee Misconduct
Douglas B. M. Ehlke of Ehlke Law Offices
Many laws govern the employer/employee relationship, including pre-hire, hire, promotion, discipline and severing the relationship. They cover areas from discrimination to safety and health, hours worked and wrongful discharge. Employers are required to investigate allegations of harassment, hostile work environment, charges of discrimination by fellow employees and supervisors.
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 .
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, .
Facts About Race/Color Discrimination
United States Department of Labor-Office of the Solicitor
This fact sheet gives an overview of what constitutes race/color discrimination under Title VII of the Civil Rights Act of 1964.
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.
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.
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 .
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 .
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 .
Employees Gain Legal Ground: US Supreme Court Authorizes Recovery for Untimely Discriminatory Acts
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
The US Supreme Court recently resolved a hotly contested legal issue that had spurred numerous conflicting viewpoints nationwide-whether an employee can recover damages for discriminatory/harassing acts that occurred outside of the statutory time limits for filing a discrimination charge with the Equal Employment Opportunity Commission ("EEOC") under Title VII of the Civil Rights Act of 1964 ("Title VII").
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 .