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Negligence › Harassment

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

Keating Muething & Klekamp PLL

No Intent, No Liability: Sixth Circuit Narrows Employer Liability for Third-Party Harassment

Keating Muething & Klekamp PLL on

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

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

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

Holland & Hart - Your Trial Message

Question the Legal Fiction of the ‘Reasonable Person’

Holland & Hart - Your Trial Message on

The idea of something being a “Legal Fiction” is that it is treated as true for the purposes of the law, but it is not literally true. “A corporation is a person” is perhaps one of the best known of these legal fictions, and...more

Mintz - Employment, Labor & Benefits...

First Circuit Court of Appeals Holds That Employer Can be Found Liable Under Quid Pro Quo Sexual Harassment Negligence Theory for...

Mintz - Employment, Labor & Benefits... on

In a case of first impression, the First Circuit Court of Appeals recently held that an employer can be held liable under Title VII for quid pro quo sexual harassment based on the discriminatory actions of a non-supervisory...more

Nexsen Pruet, PLLC

Employment Law Update - Danger Ahead: Employer Liability For Third-Party Harassment

Nexsen Pruet, PLLC on

On April 29, 2014, the Fourth Circuit Court of Appeals held that employers can be liable for third-party harassment under a negligence standard. In doing so, the court joined other circuits in establishing that employers can...more

Smith Anderson

eTrends – Fourth Circuit Adopts Negligence Standard for Third-Party Harassment Claims

Smith Anderson on

When is an employer liable for workplace harassment of its employees by a customer, vendor or other third-party? In Freeman v. Dal-Tile Corp., decided on April 29, 2014, the United States Court of Appeals for the Fourth...more

McAfee & Taft

Harassment-free workplace: Potential harassers not limited to employees

McAfee & Taft on

Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required...more

Fisher Phillips

Failure Is Not An Option

Fisher Phillips on

When it comes to a dealership’s legal liability for employment-related problems, the basis of the liability generally falls into two categories – actions the dealership took and those it failed to take. When it comes to big...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2013

Skadden, Arps, Slate, Meagher & Flom LLP on

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Akerman LLP - HR Defense

Supreme Court Affirms Narrow Definition Of Supervisor Under Title VII

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The Supreme Court has ruled in Vance v. Ball State University that the authority to take tangible employment actions is the defining characteristic of a supervisor, and that without such authority an employee is not a...more

FordHarrison

Todd Packer’s Revenge

FordHarrison on

In last week’s episode, this blog’s all-time favorite character returned with gifts. And when I say “gifts,” I mean gifts for the writers of this blog; not so much for the Scranton branch. That’s right, Dunder Mifflin’s...more

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