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Employment Litigation Harassment Employment Policies

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

Constangy, Brooks, Smith & Prophete, LLP

Employer skirts constructive discharge claim

Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more

Ius Laboris

France Introduces a New Concept of ‘Institutional Psychological Harassment’

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The French Court of Cassation has introduced and defined a new concept of ‘institutional psychological harassment’ in what appears to be the conclusion of the so-called ‘France Télécom case’. The case, which commenced back in...more

Dentons

Communication is Everything – What HR Managers Need to Know

Dentons on

As a manager or even a co-employee, how you interact with others is a critical component of your job. Many employment lawsuits are built on a failure to communicate as well as fundamental communication errors. Many HR...more

Woods Rogers

Conducting Effective Workplace Investigations

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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

Goodell, DeVries, Leech & Dann, LLP

Addressing Workplace Violence, Trespassing, and Harassment in Maryland: What Businesses Need to Know

In the course of business operations, unfortunate incidents of workplace violence or criminal behavior may arise. These incidents can take various forms, such as a patron attacking or threatening an employee, an employee...more

Spilman Thomas & Battle, PLLC

Recent Court Decisions Highlight the Need for Employer Precision and Well-Trained Managers to Effectively Discipline Employees and...

A pair of cases from the United States Supreme Court and the Second Circuit (covering Connecticut, New York, and Vermont) in 2024 highlight the importance of documentation and well-trained managers when issuing employee...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

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

Indefinite Remote Work Isn’t a Reasonable Accommodation When In-Office Presence Is Essential Job Function, Federal Court Rules

On October 17, 2024, the U.S. District Court for the District of Kansas entered summary judgment in favor of the Unified Government of Wyandotte County/Kansas City, Kansas, as representative of the Kansas City Board of Public...more

K&L Gates LLP

The Essentials—California Employment Law Update for 2025

K&L Gates LLP on

In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular...more

Seyfarth Shaw LLP

What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

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Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction...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

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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

Foley Hoag LLP

EEOC Releases Updated Guidance on Workplace Harassment

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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

Seyfarth Shaw LLP

Colorado Peculiarities

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Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...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

Bradley Arant Boult Cummings LLP

Please DO Stop the Music: Ninth Circuit Rules Offensive Tunes Can Constitute a Hostile Workplace

Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Verrill

Limiting Harassment Claims When Returning to IRL Engagement

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It is April 2022 and after 2 years of pandemic-related in-person meeting restrictions (also known as meeting In Real Life (IRL)), we are seeing increases in employers permitting work-related travel. That, coupled with...more

Seyfarth Shaw LLP

Chipotle’s Employees Denied Class Certification On Employment Discrimination Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 15, 2020, in Guzman v. Chipotle Mexican Grill, Inc., No. 17-CV-02606-HSG, 2020 WL 227567 (N.D. Cal. Jan. 15, 2020), Judge Haywood Gilliam of the U.S. District Court for the Northern District of...more

Carlton Fields

Recession Preparation 101: Plan for Potential Layoffs Ahead of Time

Carlton Fields on

The economy is strong. Unemployment continues to hover around 4%, the lowest it has been in decades. Yet there are growing concerns that a recession is coming. Originally published in HR Daily Advisor....more

Hogan Lovells

Did California Ring the Death Knell or the Fight Bell in Trying to Ban Arbitration Agreements with AB 51?

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California Governor Gavin Newsom recently signed into law 15 bills designed to provide greater employee protections in California.  Among those bills were Assembly Bill 9 (“AB 9”) and Assembly Bill 51 (“AB 51”), both of which...more

Cozen O'Connor

#No Filter: Terminating an Employee for Social Media Posts – Part 2

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Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more

McNees Wallace & Nurick LLC

UPDATE: Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

Last November, we explained the decision in the case of U.S. Equal Employment Opportunity Commission v. Scott Medical Health Center, P.C., from the U.S. District Court for the Western District of Pennsylvania. There, the...more

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