News & Analysis as of

Hostile Environment Anti-Harassment Policies Retaliation

Bradley Arant Boult Cummings LLP

If You See Something, Do You Fix It If It Isn’t Your Employee? 6th Circuit Applies Higher Standard to Non-Employee Harassment Case

An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more

Foley & Lardner LLP

EEOC’s New Harassment Enforcement Guidelines: A Good Primer for Addressing Workplace Harassment and Retaliation

Foley & Lardner LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited workplace harassment and enforcement guidelines to help employers understand what type of conduct the agency considers to be...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Focus Companies Group of Nevada for Sexual Harassment and Retaliation

Monolingual Hispanic Women Subjected to Unwanted Grabbing, Threats of Violence, Other Harassing Acts, Federal Agency Charges - LAS VEGAS – Focus Plumbing, LLC, Focus Electric, LLC, Focus Concrete, LLC, Focus Fire...more

Bradley Arant Boult Cummings LLP

Don’t Ignore the Kissing Supervisor—Court Rules that Employer’s Knowledge of Past Behavior Negates Faragher-Ellerth Defense

Employment lawyers and most HR professionals are familiar with the Faragher-Ellerth defense to a claim of sexual harassment. In short, if an employer can show that (1) it exercised reasonable care to prevent and correct...more

Bradley Arant Boult Cummings LLP

Court Not So Hostile to Employer in Hostile Work Environment Case

Lest you think that no one can win a hostile work environment claim, we have some positive news from the Second Circuit. In Russell v. New York University, et al., the court issued a summary order (which does not have...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Seven Suits Against Harassment

Agency Enforces the Law in Filings Around the Country - WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) has filed seven lawsuits against various employers across the country, charging them with...more

Bradley Arant Boult Cummings LLP

Winning Harassment Claims in the #MeToo Era

In this #MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of peril, companies should remember that if they are doing the right thing—having...more

Bracewell LLP

“Why Matters” – In Texas, Proving Same-Sex Harassment “More Complicated” than Proving Opposite-Sex Harassment

Bracewell LLP on

On April 6, 2018, the Texas Supreme Court issued a decision assessing what evidence is necessary to support an actionable same-sex sexual harassment claim. In an opinion totaling over 100 pages, the six-justice majority and...more

Seyfarth Shaw LLP

The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

Seyfarth Shaw LLP on

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination. It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited...more

Hinshaw & Culbertson LLP

Employer's "Super Policy" Against Harassment Requires Employer to Protect Employee Beyond That Which is Required by Law

A Costco employee suffered from Tourette's syndrome, and made complaints to management about the way his supervisors and others were treating him. He later filed charges with the Connecticut Human Rights Organization as well...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Co-Worker's Use of Racially Derogative Terms Did Not Create Hostile Work Environment

Not every offensive act in the workplace constitutes actionable harassment under Title VII. In order to rise to the level of a hostile and offensive working environment, the conduct must be sufficiently severe and pervasive...more

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