News & Analysis as of

Civil Rights Act Sexual Harassment Harassment

Ogletree, Deakins, Nash, Smoak & Stewart,...

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues FCA US LLC for Sexual Harassment

Federal Agency Charges Automaker Routinely Ignored Sexual Harassment Complaints, Compelling One Female Employee to Resign - DETROIT – FCA US, L.L.C., an international automobile manufacturer, violated federal law when it...more

Ervin Cohen & Jessup LLP

EEOC Issues Anticipated Final Guidance On Harassment Claims

The Equal Employment Opportunity Commission issued its long-awaited final guidance on harassment claims, which went into immediate effect....more

U.S. Equal Employment Opportunity Commission...

EEOC Encourages Victims and Witnesses of Harassment at Mariscos El Puerto and La Catrina to Come Forward

Employees Should Contact Federal Agency if They May Have Been Subjected to or Witnessed Harassment - LAS VEGAS – The U.S. Equal Employment Opportunity Commission (EEOC) encourages victims of or witnesses to sexual...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

Saul Ewing LLP on

On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

Cozen O'Connor

#NoFilter: Outside-of-Work Social Media Posts Can Create a Hostile Work Environment

Cozen O'Connor on

Prior to the advent of social media, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. Those bygone times, however, have been replaced by a...more

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

Chartwell Law on

Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

Holland & Knight LLP on

The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Miller Canfield

Michigan Supreme Court: Student-on-Student Harassment Not a Recognized Claim

Miller Canfield on

Can a student harassed by another student bring a lawsuit against the school for allegedly creating a hostile environment under state law? On July 29, 2024, the Michigan Supreme Court answered no....more

U.S. Equal Employment Opportunity Commission...

Fremont Contractor to Settle EEOC Harassment Charge

Federal Investigation Found Transgender Construction Worker Faced Hostile Work Environment, Retaliation and Constructive Discharge - OAKLAND, Calif. – Fremont-based contractor Superior Automatic Sprinkler Company has...more

Lathrop GPM

EEOC Issues Enforcement Guidance on Harassment in the Workplace

Lathrop GPM on

At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more

Foley Hoag LLP

EEOC Releases Updated Guidance on Workplace Harassment

Foley Hoag LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more

Bracewell LLP

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

Bracewell LLP on

The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more

ArentFox Schiff

EEOC Finalizes Long-Delayed Harassment Guidance

ArentFox Schiff on

On April 29, the US Equal Employment Opportunity Commission (EEOC) published its final guidance on workplace harassment. The final guidance addresses key updates in harassment law, including the US Supreme Court’s decision...more

Whiteford

Employment Law Update: The EEOC’s Final Enforcement Guidance on Workplace Harassment Is Here

Whiteford on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment (the Guidance), to include developments “answering the call” of the #MeToo...more

U.S. Equal Employment Opportunity Commission...

Red Robin to Pay $600,000 in EEOC Sexual Harassment Lawsuit

Settles Federal Charges the Casual Dining Chain Allowed Female Employees, including a Teen, to be Sexually Harassed, Retaliated Against, and Forced to Resign - EVERETT, Wash. – Restaurant chain Red Robin International,...more

Parker Poe Adams & Bernstein LLP

Non-Consensual Touching Not Comparable to Rude Employee Behavior

After investigating allegations of sexual harassment and taking disciplinary action, we see a surprising number of claims from the accused harassers that they were actually the victims of alleged discriminatory behavior that...more

Bricker Graydon LLP

Proposed Workplace Harassment Guidance from the EEOC

Bricker Graydon LLP on

On Monday, October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published notice of proposed guidance on its enforcement of various laws prohibiting harassment in the workplace. The notice was published in...more

U.S. Equal Employment Opportunity Commission...

Mexico Restaurant Settles EEOC Sexual and Racial Harassment Lawsuit

Federal Agency Charged That Female Servers Were Subjected to Sexual Harassment And Forced to Quit to Escape the Abuse - HONOLULU – Mexico Restaurant, a Honolulu-based restaurant specializing in Mexican cuisine, has agreed...more

Stokes Wagner

Not Music to Our Ears: Music Can Create a Hostile Work Environment

Stokes Wagner on

In a recent case, the Ninth Circuit Court of Appeals held that employees may be able to support a hostile work environment claim by presenting evidence of regular exposure to violent, misogynistic music, even when the music’s...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Simply Slims for Sexual Harassment

Restaurant Allowed a Shift Manager to Sexually Harass Teens and Young Adults Despite Complaints, Agency Charges - HOT SPRINGS, Ark. – Simply Slims, L.L.C., and or Dixie Chicken, L.L.C. d/b/a Slim Chickens in Hot Springs,...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Silver Bay Seafood Restaurant, Inc., for Sexual Harassment

Restaurant Allowed Head Server to Sexually Harass Female Employee, Federal Agency Charges - GREENVILLE, S.C. – Silver Bay Seafood Restaurant, Inc. violated federal law when it subjected a female employee to a sexually...more

Troutman Pepper Locke

Musical Harassment: Ninth Circuit Finds Offensive Music in the Workplace Can Constitute Sexual Harassment

Troutman Pepper Locke on

Q: Can sexually graphic, misogynistic music played in the workplace be considered sexual harassment even if it is not directed at a particular employee and found offensive by employees of both sexes? ...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Culver’s Restaurants of Cottage Grove for Multiple Forms of Harassment

Workplace Allowed Offensive Conduct Related to Race, Sex, Sexual Orientation, and Disability, Federal Agency Charges - MINNEAPOLIS – R & G Endeavors, Inc., a fast-food franchisee doing business as Culver’s Restaurants of...more

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