News & Analysis as of

Employment Discrimination Sexual Harassment Harassment

Constangy, Brooks, Smith & Prophete, LLP

When is an employer liable for harassment by customers? You may be relieved.

When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Most employers understand their obligation to prevent discrimination and harassment at work, and the significant consequences that can come if such treatment is allowed to occur. But what if an employee alleges harassment not...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more

Kohrman Jackson & Krantz LLP

The Coldplay Concert Kiss Cam Scandal: Legal and Employment Litigation Implications

We’ve all heard about and been astonished (or entertained) by the recent Coldplay concert kiss cam scandal involving the CEO and Chief People Officer of Astronomer, a data infrastructure and workflow company valued at over $1...more

BCLP

FCA Draft Guidance on Non-financial Misconduct Published Today

BCLP on

The Financial Conduct Authority (FCA) has published its most recent paper on non-financial misconduct (NFM), clarifying its expectations on bullying and harassment in financial services....more

McAfee & Taft

When can an employer be liable for harassment happening outside of work?

McAfee & Taft on

Generally, employers are not responsible for events involving their employees that happen after hours and away from work. But that is not always the case. In its April 2024 Enforcement Guidance on Harassment in the Workplace,...more

Maynard Nexsen

Work This Way: A Labor & Employment Law Podcast | Episode 44: Conducting Effective Workplace Investigations with Kimberly Hewitt...

Maynard Nexsen on

This week, hosts Tina and Bridget sit down with Kim Hewitt and Antwan Lofton of Duke University for a conversation on HR investigations. They share their approach to handling complaints and conducting investigations, and...more

Woods Rogers

Conducting Effective Workplace Investigations

Woods Rogers on

Nothing catches people’s attention like a high-profile, drama-filled lawsuit. Not every employer will deal with a Blake Lively/Justin Baldoni-level feud, but discrimination and harassment lawsuits arise in all types of work...more

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

EEOC Acting Chair Rolls Back Guidance Related to Unlawful Discrimination and Harassment Based on Gender Identity

On January 28, 2025, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea R. Lucas rolled back much of the EEOC’s Biden-era guidance related to issues of gender identity discrimination and harassment...more

McGlinchey Stafford

NLRB’s General Counsel Provides Guidance on Balancing NLRA and Equal Employment Laws

McGlinchey Stafford on

All employees have a right to engage in concerted activity under the National Labor Relations Act (NLRA)—often called “protected concerted activity (PCA)”—meaning that even in a non-union environment, an employer cannot...more

King & Spalding

January Employment Law Update: Sounds Like Harassment?

King & Spalding on

Happy New Year! In our first monthly alert for 2025, we report on whether comments on an employee’s accent are unlawful harassment, on ‘gig economy’ worker rights – plus guidance on employers’ duties to prevent sexual...more

Ius Laboris

Ireland’s Push for Transparency With New Restrictions on NDAs

Ius Laboris on

After much anticipation, a new law has come into effect in Ireland which places significant restrictions on employers when entering into non-disclosure agreements (‘NDAs’) with employees or former employees....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

Littler

New Duty to Prevent Sexual Harassment in the UK – How Can Employers Comply?

Littler on

As we previously reported, from October 26, 2024, under the (not-so-concisely named) Worker Protection (Amendment of Equality Act 2010) Act 2023 – which we are calling “the Worker Protection Act” – all employers in the UK...more

Miller & Martin PLLC

How Should Employers Respond to the EEOC’s New Harassment Guidance?

Miller & Martin PLLC on

The Equal Employment Opportunity Commission’s long-awaited new Workplace Harassment Guidance was issued on April 29, 2024. The last one was issued in 1999!...more

Orrick, Herrington & Sutcliffe LLP

New York Revises Law on Non-Disclosure Provisions in Settlements of Harassment, Discrimination and/or Retaliation Allegations:...

New York has amended its law on non-disclosure provisions in settlement agreements when those provisions seek to keep confidential the factual foundation of alleged sexual harassment, discrimination and retaliation....more

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – November 2023

In this month’s instalment, our team highlights key changes to employment laws and what they mean for employers. We also discuss the Supreme Court’s recent ruling holding that Deliveroo riders do not have an “employment...more

Littler

New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

Littler on

On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more

Laner Muchin, Ltd.

EEOC Proposes Workplace Harassment Guidance: What Employers Should Know

Laner Muchin, Ltd. on

The U.S. Equal Employment Opportunity Commission (EEOC) proposed new guidance for employers regarding updates to the law and modern examples of workplace harassment. The public is allowed to comment on the proposed guidance...more

Husch Blackwell LLP

EEOC Casts New Focus on Construction Industry

Husch Blackwell LLP on

Last month, the Equal Employment Opportunity Commission (EEOC) issued a report shedding light on the alleged prevalence of employment discrimination and harassment issues in the construction industry, as well as steps the...more

Proskauer - California Employment Law

California Mandatory Postings and Pamphlets – What’s New for 2023

California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights. Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices...more

Franczek P.C.

Don’t Be Spooked! Adverse Discrimination and Harassment Case Disclosures due to the IDHR by October 31

Franczek P.C. on

As previously reported, the Illinois Human Rights Act was amended to require employers to report adverse judgments and administrative rulings in cases involving sexual harassment or unlawful discrimination to the Illinois...more

Seyfarth Shaw LLP

EEOC’s Inaugural Annual Performance Report Reveals Charge Drop And Hints Of A Litigation Shift

Seyfarth Shaw LLP on

Seyfarth Synopsis: On February 10, 2020, the EEOC released its first-ever Annual Performance Report (“APR”) for Fiscal Year 2019 (see here). The APR is an analysis of the EEOC’s litigation goals and performance results, and...more

Seyfarth Shaw LLP

New York State Division of Human Rights Issues Further Guidance on the Recent Amendments to Anti-Discrimination and...

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York State Division of Human Rights has issued guidance concerning two aspects of the recently amended anti-discrimination law in New York: the “notice” employers are required to distribute at the...more

Herbert Smith Freehills Kramer

New York City Expands Protections Under the New York City Human Rights Law to Independent Contractors and Freelancers

On Sept. 12, 2019, the New York City Council passed a law, Int. 0136-A, that expands the scope of the New York City Human Rights Law (NYCHRL) to provide protections for freelancers and independent contractors....more

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