News & Analysis as of

Harassment Employer Liability Issues Civil Rights Act

Lathrop GPM

Federal Agencies Issue Guidance Identifying DEI Policies and Practices That May Be Unlawful

Lathrop GPM on

Last month, the Equal Employment Opportunity Commission (EEOC) and Department of Justice (DOJ) issued guidance that aims to educate the public about conduct and programs related to diversity, equity and inclusion (DEI)...more

Bricker Graydon LLP

EEOC Cracks Down on Harassment of Transgender Employees

Bricker Graydon LLP on

On October 25, 2024, the Equal Employment Opportunity Commission (”EEOC”) issued a press release stating it was suing a Michigan restaurant for discrimination. The EEOC alleged Culver’s violated federal law when firing a...more

Dorsey & Whitney LLP

Yes, you can be liable for your employee’s online posts!

Dorsey & Whitney LLP on

You might think what happens outside the workplace stays outside the workplace, but as the Ninth Circuit recently ruled, you can be sued by one employee for what another employee posts online....more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

Saul Ewing LLP on

On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...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

Chartwell Law on

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

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

ArentFox Schiff on

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

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

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

Texas Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

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

Federal Court Nixes Initial Challenge to EEOC’s Guidance on LGBTQ+ Protections

On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more

U.S. Equal Employment Opportunity Commission...

Fremont Contractor to Settle EEOC Harassment Charge

Federal Investigation Found Transgender Construction Worker Faced Hostile Work Environment, Retaliation and Constructive Discharge - OAKLAND, Calif. – Fremont-based contractor Superior Automatic Sprinkler Company has...more

Littler

Littler Lightbulb: May 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. Seventh Circuit Finds EEOC Failed to Prove Racial Harassment in Multi-Employee...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Rules That Accommodation Requests Under the ADA Can Be Inferred Without Explicit Employee Request

Following the U.S. Supreme Court’s decision in Muldrow v. City of St. Louis, which lowered the threshold for employees to demonstrate discrimination under Title VII, the Sixth Circuit has expanded the scope of what employers...more

Lathrop GPM

EEOC Issues Enforcement Guidance on Harassment in the Workplace

Lathrop GPM on

At the end of April 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace” (“Guidance”). The Guidance...more

Foley Hoag LLP

EEOC Releases Updated Guidance on Workplace Harassment

Foley Hoag LLP on

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

Bracewell LLP

EEOC Finalizes Long-Awaited Workplace Harassment Enforcement Guidance

Bracewell LLP on

The Equal Employment Opportunity Commission (EEOC) published its long-awaited final guidance on harassment in the workplace on April 29, 2024, several months following its released proposed guidance in September, which we...more

Buchalter

Navigating Workplace Inclusivity: How Employers Can Better Understand and Apply the EEOC’s Recent Guidance on Workplace Harassment

Buchalter on

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

Whiteford

Employment Law Update: The EEOC’s Final Enforcement Guidance on Workplace Harassment Is Here

Whiteford on

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

Dinsmore & Shohl LLP

EEOC Finalizes New Guidance on Harassment in the Workplace

Dinsmore & Shohl LLP on

The U.S. Equal Employment Opportunity Commission (“EEOC”) has submitted its final version of enforcement guidance on workplace harassment. We previously reported on the new guidance when it was proposed in early October of...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

Parker Poe Adams & Bernstein LLP

Non-Consensual Touching Not Comparable to Rude Employee Behavior

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

Perkins Coie

Courts Revisit the Boundaries of “Adverse Employment Actions” Under Title VII

Perkins Coie on

Courts continue to explore whether the threshold for actionable “adverse employment actions” under Title VII of the Civil Rights Act of 1964 has been construed too narrowly. Upending several decades of precedent, in 2023, the...more

Parker Poe Adams & Bernstein LLP

Healthy Workplace Proposals Would Expand Definition of Prohibited Harassment

One of the most frequent questions we receive involves employees who claim that they have been subjected to a "hostile work environment." Under federal civil rights laws, the term hostile work environment has a specific...more

FordHarrison

Guidance for Employers to Ensure Workplaces Remain Free from Antisemitism

FordHarrison on

Executive Summary: The unprecedented increase in antisemitism in the workplace may subject employers to liability under federal and state laws prohibiting discrimination on the basis of religion, race, national origin and...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Sets High Bar for Politically and Racially Disparaging Comments to Support Harassment Claim

As the U.S. becomes more politically divided, employers increasingly are forced to deal with political and social disputes among employees. Last week in Yelling v. St. Vincent’s Health System, the Eleventh Circuit Court of...more

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