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Harassment Employer Liability Issues Internal Investigations

K&L Gates LLP

Harassment in the Workplace: A Major Challenge for Employers in France

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During the first quarter of 2025, the French Supreme Court has rendered a number of rulings on harassment in the workplace. Whether moral, institutional, environmental or sexual, harassment is a burning topic and the French...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

K&L Gates LLP

Internal Investigations of Harassment Claims

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In areas of French law that are ambiguous, the French Supreme Court regularly issues rulings to specify the scope of an employer’s obligations, including in the context of harassment claims. French caselaw has set the rules...more

Barnea Jaffa Lande & Co.

New Ruling on How to Conduct Sexual Harassment Investigations

The National Labor Court published a ruling recently regarding employers’ obligations when investigating complaints pursuant to the Prevention of Sexual Harassment Law.   In the case at hand, the complainant studied and...more

Herbert Smith Freehills Kramer

Harcèlement au travail : Gestion du risque et enquête interne

Depuis de nombreuses années le harcèlement, qu’il soit moral ou sexuel, fait l’objet d’une grande préoccupation sociétale et médiatique, tout particulièrement au sein des entreprises. Dans le cadre de son obligation générale...more

Parker Poe Adams & Bernstein LLP

Federal Appeals Court Says Employer Must Have Reasonable Opportunity to Investigate Harassment Complaint

Under Title VII, an employer may be liable for sexual harassment by one co-worker of another if it knew or should have known of the conduct and took no action. According to a recent decision from the Eighth Circuit Court of...more

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

France Requires Employers to Investigate Harassment Claims Even Without Evidence

French employers are now obligated to investigate any allegation of harassment, even where the employee does not produce any evidence. This is the position taken by the French Cour de Cassation in November 27, 2019, case...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Littler

Legislative Highlights for Oregon Employers in 2020

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Oregon’s active 2019 legislative session has prompted the need for several policy and handbook updates for employers doing business in Oregon.  This Insight provides an overview of the most notable recent employment law...more

Jaburg Wilk

What Should You do if You are Being Harassed at Work?

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The first thing employees need to know is that not all harassment and discrimination is unlawful. Arizona is an at-will employment state, which means that an employee can legally be terminated (or harassed) for any reason or...more

Cozen O'Connor

HR Investigations Pay Dividends: A Healthier Workplace and Protection in Court

Cozen O'Connor on

Many HR professionals spend a significant amount of time investigating employee complaints and, depending on the outcome of these investigations, implementing corrective measures to halt and prevent bad behavior in the...more

Thomas Fox - Compliance Evangelist

Astros Win on the Field – Not So Much in the Front Office

If you are a woman and work for the Astros, what do you think will be the internal action if you are harassed? Do you think for one nano-second your complaint would be taken seriously? Would the Astros attack/retaliate...more

Jaburg Wilk

The #1 Mistake Arizona Employers Make When Responding to Complaints of Discrimination or Harassment

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It is important that Arizona employers know how to properly respond to complaints of unlawful discrimination or harassment, particularly in light of the MeToo movement. Each year, I consult with employees seeking legal advice...more

Seyfarth Shaw LLP

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

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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

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Ballard Spahr LLP

NY State Issues Guidance to Employers on Sexual Harassment Policy and Training Requirements

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New York Governor Andrew Cuomo on August 23, 2018, released for public comment a series of electronic draft materials and guidance as a follow-up to the State's sexual harassment law passed in April 2018. The public comment...more

Seyfarth Shaw LLP

New York State Releases The Draft Model Anti-Sexual Harassment Policy, Training, and Complaint Form

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Seyfarth Synopsis: In compliance with the New York State Anti-Sexual Harassment legislation passed earlier this year, the Office of Governor Andrew M. Cuomo has released drafts of the model sexual harassment policy, training...more

Hogan Lovells

New York State Anti-Sexual Harassment Draft Guidance Released

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The State of New York recently issued draft guidance for employers regarding the anti-sexual harassment legislation passed earlier this year....more

Littler

NY Agencies Publish Draft Sexual Harassment Model Policy, Complaint Form, and Training

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On August 23, 2018, New York Governor Andrew Cuomo issued an executive order that contains a model policy, model complaint form, and model training in accordance with the state’s new sexual harassment law....more

Mitratech Holdings, Inc

Calling All Companies: It’s Time to Get Real About Sexual Harassment

It’s not a joke. It’s really not. In fact, 81 percent of women and 43 percent of men have experienced some form of sexual harassment in their lifetime, according to a survey conducted by nonprofit organization Stop Street...more

Foley & Lardner LLP

Do You Really Need to go to That Seminar?

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With only a few exceptions (e.g., harassment training in California), employment-related training is voluntary, not mandatory. We all have so many demands on our time and not enough time in the day to meet them...more

BCLP

Investigating Claims of Harassment: A Step-by-Step “How To” Part 6: Closing the Investigation and Additional Steps Thereafter

BCLP on

This final installment of a six-part series on harassment investigations discusses how to close the investigation and steps to take after the investigation has been closed. As always, bear in mind that each harassment...more

BCLP

Investing Claims of Harassment: A Step-by-Step “How To” Part 4: Note-Taking Techniques and Tips for Assessing Witness Credibility

BCLP on

In any investigation of a harassment complaint, the investigator must interview people and take notes. This fourth part of a six-part series addresses techniques for note-taking and tips for assessing the credibility of...more

BCLP

Investigating Claims of Harassment: A Step-by-Step “How To” Part 3: Interviewing the Accused and Other Witnesses

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You have received a complaint of harassment and interviewed the complainant. In this third part of a six-part series, we discuss interviewing the accused and other witnesses....more

Cozen O'Connor

How Should Employers Respond to #MeToo?

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The #MeToo movement started as a wave of press coverage exposing long-suppressed stories of sexual harassment and exploitation in Hollywood. That movement, however, has now gone far beyond Harvey Weinstein. ...more

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