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In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more
A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more
This webinar addresses the legal challenges presented by harassment, reverse discrimination and Section 1981 claims, among others, as well as various defenses and measures your team can take to reduce the risk of legal...more
The United States Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on September 29, 2023, that explains the legal standards imposed and outlines employer liability with respect to harassment claims...more
Recent events and attendant social justice movements have thrust long-standing racial inequities into the spotlight and ignited a national and global conversation. That conversation has not only taken place in the streets,...more
As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more
Workplace romances are inevitable. According to a recent survey by the Society for Human Resource Management, one out of every three American adults is or has previously been in a workplace romance. Given this reality,...more
Despite not being able to prove the alleged wrongdoings that led an Arkansas employer to terminate an employee, a federal appeals court just handed an employer a victory in a gender discrimination lawsuit because of its “good...more
Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more
Senate Bill 1343, which became effective on January 1, 2019, requires that every California employer with at least five employees or independent contractors provide two hours of interactive harassment and abusive conduct...more
Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more