News & Analysis as of

Employer Liability Issues Hostile Environment Adverse Employment Action

Gould + Ratner LLP

Coldplay Gate: What if It Happened at Your Company?

Gould + Ratner LLP on

The internet lit up recently with viral footage from a “kiss cam” at a Coldplay concert in Boston, Massachusetts. The clip, now dubbed by some as “Coldplay Gate,” depicts the married CEO of Astronomer, Inc., having an...more

Perkins Coie

AZ Court Grants Summary Judgment for Employer on Hostile Work Environment and Retaliation Issues

Perkins Coie on

In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

Bodman on

The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...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

Littler

British Columbia Appeal Court Finds Employee’s Sexual Harassment of Subordinate not Sufficiently Serious to Justify His Dismissal

Littler on

In Café La Foret Ltd. v. Cho, 2023 BCCA 354, the British Columbia Court of Appeal (BCCA) upheld a lower court’s determination that an employee’s sexual harassment of his subordinate was not sufficiently serious to justify his...more

Console and Associates, P.C.

Florida Is a Hotspot for Employment Discrimination Claims and Other Employment Lawsuits, According to Recent Report

Under both state and federal law, employers must pay their employees for the hours they work and are prohibited from discriminating against employees and job applicants. However, whether it is due to implicit bias, putting...more

Littler

Littler Lightbulb – August Employment Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in the federal courts of appeal in the last month. Fifth Circuit Expands Scope of Actionable Claims Under Title VII....more

Morgan Lewis - Up & Atom

NRC’s Atomic Safety and Licensing Board Dismisses Violations of NRC’s Anti-Retaliation Regulation

Morgan Lewis - Up & Atom on

In a recent Memorandum and Order (Order), an NRC Atomic Safety and Licensing Board (Board) unanimously granted summary disposition to the Tennessee Valley Authority (TVA), dismissing three alleged violations and partially...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Board Rules on Adverse Employment Actions in Discrimination Cases

Nuclear Regulatory Commission’s Atomic Safety and Licensing Board finds that investigating an employee’s discrimination complaint does not, in itself, constitute a violation under the NRC’s employee protection regulations. ...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Harley Dealership for Sexual Harassment and Retaliation

Glenview Dealership Created Sexually Hostile Work Environment for Business Manager And Then Fired Her for Complaining, Federal Agency Charges - CHICAGO - The owners/operators of Chicago Harley Davidson, in Glenview, Ill.,...more

Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

U.S. Equal Employment Opportunity Commission...

Safie Specialty Foods to Pay $125,000 to Settle EEOC Sexual Harassment and Retaliation Suit

Company Fired Employees for Reporting and/or Verifying Sexual Harassment, Federal Agency Charged - DETROIT - Safie Specialty Foods Company, Inc., which pickles vegetables in Chesterfield Township, Mich., will pay $125,000...more

U.S. Equal Employment Opportunity Commission...

Greensboro Zaxby’s Owner to Pay $30,000 To Settle EEOC Sexual Harassment and Retaliation Lawsuit

Female Employee Subjected to Sexual Comments by General Manager, Then Fired Because She Complained, Federal Agency Charged - GREENSBORO, N.C. - BCD Restaurants, LLC, a Greensboro, N.C.-based Zaxby's restaurant franchisee,...more

Lewitt Hackman

Unlawful, or Just Mean? California Appellate Court Decides Discrimination Case

Lewitt Hackman on

People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more

Littler

Has #MeToo Created a New Claim of Male-Bias Discrimination?

Littler on

Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a...more

Seyfarth Shaw LLP

Second Circuit Rules Against Plaintiff in AutoZone Case and Allows Nixing of her Deposition

Seyfarth Shaw LLP on

Seyfarth Synopsis: In affirming summary judgment in favor of AutoZone, the Second Circuit rules that a sales associate did not provide enough evidence to satisfy her burden of proof for sex discrimination, retaliation and...more

Spilman Thomas & Battle, PLLC

The Rumor Mill: A Case Study on Workplace Conduct - How Perpetuating Workplace Rumors Can Create Employer Liability for Gender...

On February 8, 2019, the Fourth Circuit ruled an employer can be liable for gender discrimination for spreading false rumors that a female employee slept with her male boss to obtain a promotion. Parker v. Reema Consulting...more

Seyfarth Shaw LLP

Fourth Circuit Ruling Provides Cautionary Tale for Employer’s Managing Internal Harassment Complaints and Investigations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit recently found that reducing a current employee’s voluntary overtime opportunities – despite the absence of a reduction in overall income – could be considered a tangible or materially...more

U.S. Equal Employment Opportunity Commission...

EEOC Wins Jury Verdict Against Favorite Farms for Sexual Harassment and Retaliation

Farmworker Sexually Assaulted and Retaliated Against for Reporting the Misconduct, Federal Agency Charged - TAMPA, Fla. - A federal jury rendered a verdict on Dec. 19, 2018 awarding $850,000 in compensatory and punitive...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Premier Employee Solutions For Sexual Harassment

Line Lead Subjected Employee to Sexual Comments and Touching, Federal Agency Charges - GREENSBORO, N.C. - Premier Employee Solutions LLC (Premier), an Arizona company that provides temporary labor to a variety of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Bisconti Farms, Inc. For Sexual Harassment And Retaliation

Female Manager at Temple Mushroom Farm Sexually Harassed Multiple Female Workers, Federal Agency Charges - PHILADELPHIA - Bisconti Farms, Inc., a mushroom farm in Temple, Pa., violated federal law when it subjected female...more

U.S. Equal Employment Opportunity Commission...

SOL Mexican Grill Sued by EEOC For Sex Discrimination and Retaliation

Female Employees Were Subjected to Lewd Comments, Inappropriate Physical Contact, and Other Forms of Sexual Harassment, Agency Alleges - WASHINGTON - Sol Mexican Grill, LLC violated federal law when it subjected a class...more

U.S. Equal Employment Opportunity Commission...

Mediacom Communications Sued by EEOC for Sexual Harassment

Company Failed to Stop a Male Employee's Rampant Sexual Harassment of Female Employees, Federal Agency Charges - ATLANTA - Mediacom Communications Corp., a nationwide provider of telecommunications services, violated...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Appalachian Power Company for Sexual Harassment and Retaliation

Energy Company Fired Employee Because She Complained About Sexual Harassment, Federal Agency Says - ABINGDON, Va. - Charleston, W.V.-based Appalachian Power Company, an electric utility company, violated federal law when...more

Troutman Pepper Locke

Employer May Not Have Affirmative Defense to Harassment Claim even if Employee Fails to Report Harassment

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Q: Does my company have an affirmative defense to a sexual harassment claim if the company has a policy for reporting sexual harassment and an employee never makes a report of sexual harassment under that policy? ...more

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