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Employer Liability Issues › Appeals › Anti-Harassment Policies

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

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An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Venable LLP

Ninth Circuit to Employers: What Your Employees Say on Social Media May Haunt You

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Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

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Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

McAfee & Taft

Employers may be liable for harassment by a non-employee

McAfee & Taft on

“Claims of sexual harassment typically involve the behavior of fellow employees. But not always,” said a federal appeals court in Gardner v. CLC of Pascagoula, LLC. The case shows employers must take employee complaints of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - January 2019

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This edition of Employment Flash looks at developments in labor and employment law, including with respect to restrictive covenants; new state anti-harassment laws; minimum wage increases; age bias claims; and the employee...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

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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

Fisher Phillips

Protecting Employees From Patient Harassment: It’s No Laughing Matter

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“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

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

Fisher Phillips

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

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Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

Sheppard Mullin Richter & Hampton LLP

Judges and Legislators in Chicago and California Seek to Expand Protections for Hotel Workers

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In the wake of a deluge of sexual harassment accusations being leveled against high profile figures, and the ensuing #MeToo social media movement, some legislators and judges have been eager to expand protections for certain...more

Tucker Arensberg, P.C.

Pennsylvania employers beware: One slur by a supervisor can now create a hostile work environment.

Tucker Arensberg, P.C. on

The Third Circuit recently ruled that a single extreme act of discrimination can produce an actionable hostile work environment claim. In doing so, the court clarified that the legal standard for such claims requires that an...more

Proskauer - Law and the Workplace

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

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A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

Mintz - Employment, Labor & Benefits...

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

Mintz - Employment, Labor & Benefits... on

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

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