News & Analysis as of

Harassment Title VII Employment Policies

Steptoe & Johnson PLLC

Evaluating the Employee Evaluation Process: There’s No Time Like the Present!

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Now is a good time to re-evaluate your company’s employee evaluation process in light of the prevalence of remote work and a U.S. Supreme Court decision lowering the requirements for employees to succeed on certain...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

Husch Blackwell LLP

Proselytizing Online, Fired in Real Life: Are Anti-LGBTQ+ Views Protected by Title VII?

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Earlier this month, the Equal Employment Opportunity Commission (EEOC), after first attempting to reach a pre-litigation settlement, commenced litigation against Rock Snowpark on July 2, 2025, for allegedly retaliating...more

FordHarrison

EntertainHR: Modern Family, Modern Workforce: How Managers and Employees Interact

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Over the past few months, I dove headfirst into another show that had a long, successful run that I completely missed: Modern Family. Modern Family is a comedy about a large extended family living in Los Angeles, California....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

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

NLRB GC Issues Memo on Harmonizing NLRA and EEO Laws

The National Labor Relations Board (NLRB) general counsel (GC) has issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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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

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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

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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

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

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

Arnall Golden Gregory LLP

EEOC Releases Proposed Enforcement Guidance on Workplace Harassment

On September 29, 2023, the U.S. Equal Employment Opportunity Commission (“EEOC” or “Commission”) released its proposed Enforcement Guidance on Harassment in the Workplace (“Proposed Guidance”). The Proposed Guidance “is...more

Poyner Spruill LLP

Impending EEOC Harassment Guidance Could Mean Policy Changes for Employers

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The United States Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on September 29, 2023, that explains the legal standards imposed and outlines employer liability with respect to harassment claims...more

Butler Snow LLP

EEOC Releases New Guidance on Harassment in the Workplace

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On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the “EEOC”) released its draft guidance concerning harassment in the workplace. The updated guidance reflects notable changes in law, including the...more

Stokes Wagner

Not Music to Our Ears: Music Can Create a Hostile Work Environment

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In a recent case, the Ninth Circuit Court of Appeals held that employees may be able to support a hostile work environment claim by presenting evidence of regular exposure to violent, misogynistic music, even when the music’s...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

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

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On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

Parker Poe Adams & Bernstein LLP

Would Your HR Staff Recognize Lesser-Known Biases That Can Lead to Discrimination Claims?

Employers may believe they are aware of potential areas of concern for discrimination or harassment among different groups of employees. Their concerns often focus on race discrimination claims or national origin claims from...more

Jackson Walker

Avoiding “Single Event” Hostile Work Environment Claims

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Title VII of the 1964 Civil Rights Act and other anti-discrimination statutes require employers to avoid discrimination on the basis of race, gender, and other improper classifications. The United States Supreme Court has...more

Foley & Lardner LLP

Stopping Harassment Before it Starts Includes Dealing with Bullying

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Toxic workplaces have been making plenty of headlines lately. Recent stories about toxic workplaces - and some of the fallout – have spanned all sorts of industries, from government to video gaming to professional sports. ...more

Littler

Ye Olde Holiday Crossword — With Clues for Solving the Office Party Puzzle

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As the end of the year approaches, many employers are preparing for the annual office holiday party. This occasion presents an opportunity for employers to express appreciation for the hard work performed by staff all year....more

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