News & Analysis as of

Harassment Sexual Harassment Employment Litigation

McGlinchey Stafford

Are Employers Liable in Tort for Employees’ Sexual Assaults?

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Should employers be liable in tort for their employees’ sexual assaults? Until recently, the universal answer was a resounding “no.” After all, an employer is only liable for their employees’ actions when the employee is...more

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

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

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

The U.S. Court of Appeals for the Sixth Circuit recently held that an employer will be liable for a customer’s harassment of an employee only when it intends for such harassment to occur. ...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

K&L Gates LLP

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

K&L Gates LLP on

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

Miller Nash LLP

Trials by Social Media and How Employers Can Respond

Miller Nash LLP on

Social media has been extensively used, and abused, since its inception. For all the beneficial and valid uses of social media, there is a seemingly equal number of improper, illegal, and even criminal uses. Employers have...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

Parker Poe Adams & Bernstein LLP

Prompt Response to Alleged Student Harassment Helps Defeat Title IX and Related Claims

Earlier this month, the Eleventh Circuit Court of Appeals (which includes Georgia) affirmed the dismissal of Title IX and Section 1983 claims filed by volleyball players against the University of South Alabama and its...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

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

Seward & Kissel LLP

Employment Litigation Roundup: August 2024

Seward & Kissel LLP on

In a win for employers, the Connecticut Supreme Court defines “supervisor” narrowly for purposes of vicarious employer liability under Connecticut Fair Employment Practices Act - Under Connecticut’s civil rights law, an...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

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

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

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

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

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

A&O Shearman

New mandatory duty on employers to prevent sexual harassment in the workplace– are you ready

A&O Shearman on

The Equality and Human Rights Commission (EHRC) has confirmed that it will be updating its existing Code of Practice and technical guidance on ‘Sexual harassment and harassment at work’ to address the new mandatory duty that...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2024

In this issue, we discuss upcoming regulatory changes as well as recent court decisions with far-reaching implications, including case law on the need to replace share awards on a TUPE transfer and a UK Supreme Court ruling...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Simply Slims for Sexual Harassment

Restaurant Allowed a Shift Manager to Sexually Harass Teens and Young Adults Despite Complaints, Agency Charges - HOT SPRINGS, Ark. – Simply Slims, L.L.C., and or Dixie Chicken, L.L.C. d/b/a Slim Chickens in Hot Springs,...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

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