Betty, la fea y otras formas de acoso laboral
Why the Increase in Demeaning Women Online Matters for Your Workplace: What's the Tea in L&E?
What's the Tea in L&E? "Passive" Harassment: When Does Workplace Decor Contribute to a Hostile Environment?
What's the Tea in L&E? Truth Hurts or Rumors? Lizzo’s Harassment Allegations Serve As A Good Reminder
Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective
The Labor Law Insider - Pause Before You Discipline: NLRB Turns Against Civility in Lion Elastomers Decision
Labor & Employment Law: Vermont and Federal Legislative Update
Politics at Work
Employment Law Now: III-47 - New York, New World
III-41- Things That Make You Go “Hmmm” in Employment Law
Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
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
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
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
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
In recent years, a number of federal appellant courts, including the Fourth Circuit, have issued opinions finding that a single use of a racial slur can be enough to constitute a hostile and offensive working environment...more
If you quit your job because of a hostile work environment, is it still “voluntary”? According to the Alabama Supreme Court’s July 12, 2019 opinion in Arnold v. Hyundai Manuf. Ala., LLC, it is. In Arnold, Hyundai hired Arnold...more
An individual may file a claim under Tennessee’s “whistleblower statute”—the Tennessee Public Protection Act (TPPA)—if she was fired solely for reporting or refusing to participate in illegal activity. Similar to federal law,...more
This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more
Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses...more
What constitutes a racially hostile work environment? Is one really bad comment specifically aimed at the plaintiff sufficient or do you need a sustained series of racial comments? What if you have both but no evidence that...more
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
“Claims of sexual harassment typically involve the behavior of fellow employees. But not always.” So begins a recent opinion from the 5th Circuit Court of Appeals that illustrates the dangers of failing to take an employee’s...more
The U.S. District Court for the District of New Jersey denied an employee’s request to reopen her case based on alleged changed attitudes “post-Weinstein.” The Court also denied the employer’s request for sanctions but...more
Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more
Employee handbooks have long been a trap for the unwary employer that desires merely to establish a set of rules and policies without undermining an at-will employment relationship with its employees. To avoid establishing...more
The federal appeals court that covers Oklahoma recently ruled in favor of Dillon Companies, Inc., a Kansas corporation that does business as King Soopers, in a lawsuit filed by a former grocery store employee who claimed he...more
Federal law requires a governmental employee to file a constructive discharge claim with the Equal Employment Opportunity Commission within 45 days of the “matter alleged to be discriminatory.” The vagueness of that phrase...more
Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more
In Brooks v. Grundmann, a federal court of appeals in the District of Columbia held that a manager’s conduct amounted to no more than “ordinary tribulations of the workplace” and was thus insufficient to support a minority...more