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In Bivens v. ZEP, Inc., the Sixth Circuit held that an employer is not liable under Title VII of the Civil Rights Act of 1964, as amended (Title VII), for harassment by a customer unless the employer intended the harassment...more
Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more
Recent surveys indicate the widespread use of generative AI (artificial intelligence) and other artificial intelligence tools by employees in the workplace. This is hardly surprising, given the astonishing level of...more
It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a...more
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
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
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
On March 4, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down a part of a politically charged Florida law known as the “Stop WOKE Act” that sought to restrict workplace training on certain diversity,...more
Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating against employees and applicants on the basis of religion (as well as race, color, sex, and national origin), and it...more
The U.S. Equal Employment Opportunity Commission (EEOC or Commission) on Sept. 29, 2023, proposed updated workplace harassment guidance reflecting notable changes in the law, including the U.S. Supreme Court's decision in...more
The Florida legislature has passed a measure with the stated purpose of protecting individual freedoms and preventing discrimination in the workplace and in public schools. The measure, however, will likely expand an...more
Toxic workplaces have been making plenty of headlines lately. Recent stories about toxic workplaces - and some of the fallout – have spanned all sorts of industries, from government to video gaming to professional sports. ...more
Restaurant Chain’s Manager Abused Female Employees Physically and Verbally, Federal Agency Charged - NEW YORK – GRK Fresh Greek, a small chain of New York City restaurants currently closed due to the pandemic, will pay...more
Male Room Inspector Sexually Harassed Female Housekeeper, Federal Agency Charges - ST. LOUIS - Two operators of a DoubleTree hotel in Jefferson City, Mo., violated federal law when they allowed a male room inspector to...more
The #Metoo movement has shed substantial light upon issues surrounding workplace sexual harassment, especially in the context of superiors harassing their subordinates. But what happens when employees are harassed at work by...more
Private employers with federal contracts will soon be prohibited from requesting criminal history information from candidates at the onset of the hiring process; instead, they will have to wait until after an offer is made....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
Employer Failed to Address Racially Hostile Work Environment, Federal Agency Charged - NEW YORK, N.Y. - On The Border Acquisitions, LLC, doing business as On The Border Mexican Grill & Cantina (OTB), will pay $100,000...more
When an employer experiences growth and is projected to employ 50 or more employees, an employer can and should enact policies and assess its practices for compliance with employment laws. Fifty employees is the triggering...more
On the last day of the 2019–2020 legislative session, the New York State Senate and Assembly passed an omnibus bill. This legislation, once effective, will overhaul New York’s anti-discrimination laws and uproot precedent...more
Chicago Cargo Company Tolerated Sexual Harassment of Female Employees and Fired a Male Employee for Speaking Out, Federal Agency Charged - CHICAGO - Alliance Ground International, a cargo handling company that performs...more
“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
Ward and Smith employment law attorneys Ken Gray and Emily Massey gave corporate attorneys at the firm’s 2018 In-House Counsel Seminar a refresher in the law and ethics surrounding employment discrimination and workplace...more
Credit Union Fired a Black Branch Manager Because She Opposed Use of a Racially Offensive Video During a Training Session, Federal Agency Charged - NEW ORLEANS - A Louisiana credit union has agreed to pay a former branch...more