News & Analysis as of

Hostile Environment Employer Liability Issues Hiring & Firing

Fisher Phillips

Appeals Court Limits Title VII Liability for Non-Employee Conduct: Key Takeaways for Employers

Fisher Phillips on

Can an employer be held liable for workplace harassment committed by a non-employee? The short answer is “sometimes” – but a federal appeals court just significantly narrowed this liability risk for employers in Kentucky,...more

Fisher Phillips

Growing Attacks on Corporate DEI Programs: 5 Employer Takeaways to Help Support Your Diversity, Equity, and Inclusion Efforts

Fisher Phillips on

Diversity, equity, and inclusion programs are facing scrutiny across the country, causing some employers to scale down their DEI initiatives or drop them altogether. As companies face pressure and increasing legal challenges,...more

Shook, Hardy & Bacon L.L.P.

Former Driver Wins “Nuclear Verdict” Against Global Package Delivery Company in Retaliation Lawsuit

On September 12, 2024, a Yakima, Washington jury awarded a $237.6 million nuclear verdict to Tahvio Gratton, a former package delivery driver who filed a lawsuit against his employer for violation of federal and state...more

Perkins Coie

AZ Court Grants Summary Judgment for Employer on Hostile Work Environment and Retaliation Issues

Perkins Coie on

In Nessel v. JDM Golf LLC, 2024 WL 3494378, the U.S. District Court for the District of Arizona granted summary judgment for an employer, dismissing the federal law and Arizona state law claims of a former employee alleging...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

Bodman on

The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...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

Roetzel & Andress

Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective

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This week on the #HealthLawHotSpot, host Ericka Adler is joined by fellow Roetzel shareholder Karen Adinolfi for an important discussion on navigating the rise in political discussion, antisemitism, islamophobia and other...more

Littler

British Columbia Appeal Court Finds Employee’s Sexual Harassment of Subordinate not Sufficiently Serious to Justify His Dismissal

Littler on

In Café La Foret Ltd. v. Cho, 2023 BCCA 354, the British Columbia Court of Appeal (BCCA) upheld a lower court’s determination that an employee’s sexual harassment of his subordinate was not sufficiently serious to justify his...more

BCLP

UK HR Two Minute Monthly: September 2023

BCLP on

Our September update includes cases on whether a transgender employee was discriminated against for being subject to a “gender specific” insult, the extent to which employers should enquire about employees’ disabilities in...more

Lewitt Hackman

Franchisor 101: Salon Franchisor Weaved into Joint Employment Claims

Lewitt Hackman on

A Michigan federal district court denied a franchisor’s motion to dismiss claims under Title VII of the Civil Rights Act of 1964 and Michigan law, and claims alleging retaliatory termination and sexually hostile work...more

Seyfarth Shaw LLP

EEOC’s Crosshairs Locked On Harassment of Teens In Restaurant Industry

Seyfarth Shaw LLP on

Seyfarth Synopsis: Over the past several years, the EEOC has maintained a litigation focus on protecting young workers in low wage jobs from sexual harassment. This has translated to intense scrutiny of teenagers working in...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Enforge, LLC for Sexual Harassment and Retaliation

Auto Parts Company Fired Employee After Reporting Harassment and Complaining That Coworker Exposed Himself, Federal Agency Charges - WINSTON-SALEM, N.C. – Enforge, LLC, a Michigan-based tie rods and automotive parts...more

Littler

Ontario, Canada Court of Appeal Decides Employer Was Justified in Terminating Employee for Cause for Sexual Harassment

Littler on

In Hucsko v. A.O. Smith Enterprises Limited, 2021 ONCA 728 (A.O. Smith), a long-term senior employee’s co-worker alleged that the employee sexually harassed her. After a workplace investigation that determined the co-worker’s...more

CDF Labor Law LLP

Restauranteur Stands on Principle and Prevails After Six Years of Litigation

CDF Labor Law LLP on

After six years of litigation, a victory is etched in stone after the California Supreme Court denied review of a Court of Appeal decision that affirmed an arbitration award issued in favor of the employer in a hard-fought...more

Jaburg Wilk

What Arizona Employees Need to Know Who Are Being Sexually Harassed at Work

Jaburg Wilk on

While it seems evident that no employer would want an environment where employees are not respected, valued, and protected from being sexually harassed, it still happens. If you work for an Arizona employer, and you are being...more

TNG Consulting

Vocal Coach’s Concerns of Disparate Treatment Insufficient to Undo her Dismissal

TNG Consulting on

Warmington v. Board of Regents of the Univ. of Minnesota U.S. Dist. Ct., D. Minn. (April 21, 2020) - PROCEDURAL HISTORY:  Warmington, a highly accomplished and nationally recognized track and field coach, resigned in...more

Fisher Phillips

Will The Ministerial Exception Bar A Hostile Work Environment Claim?

Fisher Phillips on

Religious schools expressed relief when the United States Supreme Court expanded the application of the ministerial exception in July 2020 in the combined cases of Our Lady of Guadalupe School v. Morrisey-Berru and St. James...more

McAfee & Taft

Unequal workplace investigation leads to discrimination lawsuit

McAfee & Taft on

When an employee complains of unfair or discriminatory treatment, employers should promptly and thoroughly investigate such a complaint. A quality investigation can solve a problem and avert potential litigation. If a lawsuit...more

U.S. Equal Employment Opportunity Commission...

Sol Mexican Grill, LLC And Sol Mexican Grill Two, LLC to Pay $50,000 to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Agreement Resolves Claims of Sexual Harassment and Retaliation - D.C.— Sol Mexican Grill, LLC and Sol Mexican Grill Two, LLC, (“Sol Mexican Grill”), which own and operate several restaurants in Washington, D.C., will pay...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Moore & Morford for Sexual Harassment and Retaliation

Female Welder Subjected to Sexual Harassment and Unlawful Firing, Federal Agency Charges - PITTSBURGH – Moore & Morford, Inc., a steel manufacturing company in South Greensburg, Pa., violated federal law by subjecting a...more

U.S. Equal Employment Opportunity Commission...

Porous Materials to Pay $93,000 to Settle EEOC Harassment and Retaliation Suit

Former Plant Manager Bullied Employees, Then Fired Employee Who Complained, Federal Agency Charged - NEW YORK - Porous Materials, Inc., an Ithaca, N.Y., manufacturer, will pay $93,000 and furnish other relief to settle a...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Harley Dealership for Sexual Harassment and Retaliation

Glenview Dealership Created Sexually Hostile Work Environment for Business Manager And Then Fired Her for Complaining, Federal Agency Charges - CHICAGO - The owners/operators of Chicago Harley Davidson, in Glenview, Ill.,...more

Seyfarth Shaw LLP

Ask, Or You Shall Not Receive: 5th Circuit Nixes Accommodation Claim for Employee’s Failure to Ask for an Accommodation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders. First, to pursue a disability accommodation,...more

McAfee & Taft

The #MeToo Movement: What now

McAfee & Taft on

Before practicing law, I had another life. I was a 20-something trying to make my way in Hollywood—going to auditions, taking classes, meeting actors, directors and managers, doing plays and showcase pieces—and had a few...more

U.S. Equal Employment Opportunity Commission...

Safie Specialty Foods to Pay $125,000 to Settle EEOC Sexual Harassment and Retaliation Suit

Company Fired Employees for Reporting and/or Verifying Sexual Harassment, Federal Agency Charged - DETROIT - Safie Specialty Foods Company, Inc., which pickles vegetables in Chesterfield Township, Mich., will pay $125,000...more

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