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Appeals › Employer Liability Issues › Supervisors

Fisher Phillips

Federal Appeals Court Upholds Criminal Convictions After OSHA Inspection: What Employers Must Know to Avoid Jail Time

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A federal court of appeals just upheld the convictions of two workplace managers after an OSHA inspection quickly evolved into a criminal prosecution. The U.S. Court of Appeals for the 7th Circuit offered a stark warning to...more

Bradley Arant Boult Cummings LLP

Limiting Project Engineer's Supervisory Duties - Construction and Procurement Law News, Q3 2019

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Project engineers should be wary of contractual language, as well as conduct, that may impose supervisory responsibilities to warn and protect employees of other contractors from dangerous conditions located on a project. A...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says One Use of "N-Word" Insufficient for Racial Harassment Claim

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In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more

Parker Poe Adams & Bernstein LLP

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

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Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Parker Poe Adams & Bernstein LLP

Ignorance of OSHA Requirements Does Not Preclude Willful Violation

Parker Poe Adams & Bernstein LLP on

Employers found to have committed repeat or willful violations of Occupational Safety and Health Administration standards are subject to citation penalties of 10 times those for ordinary violations, and in some cases...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Host User of Temporary Employee Liable for Title VII Violations

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Most employers using temporary workers from an employment agency assume that they are liable as employers for certain legal claims. While a reasonable assumption, until last week, this status had never been formally...more

Parker Poe Adams & Bernstein LLP

Employer Potentially Liable for Harassment of Supervisor by Her Subordinates

Parker Poe Adams & Bernstein LLP on

Employers are well aware of their potential liability for workplace harassment claims involving co-workers or third parties. They also understand their heightened legal responsibility when the alleged harasser is the...more

FordHarrison

Fourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet

FordHarrison on

Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more

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