News & Analysis as of

Retaliation Title VII Sexual Harassment

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

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

Did the Employer Intend for the Customer to Harass Its Employee? The Sixth Circuit Sets a High Bar

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

Parker Poe Adams & Bernstein LLP

Sixth Circuit Takes Restricted View of Employer Liability for Third-Party Harassment

For years, both the Equal Employment Opportunity Commission and multiple federal appellate circuits have agreed on the legal standard for proving liability for sexual or other harassment by a third party such as a vendor or...more

Phelps Dunbar

Sixth Circuit Redefines Employer Liability for Client-Based Harassment

Phelps Dunbar on

In an explicit departure from EEOC guidance and other federal court caselaw, the United States Court of Appeals for the Sixth Circuit recently held that an employer can only be liable for a client/customer’s harassment of its...more

Holland & Hart - Employers' Lawyers

A Shoddy Investigation Is Not Retaliatory

When an employee complains of discrimination or harassment, companies often investigate the matter. Doing so allows a company to address alleged improper behavior and it may allow the company to avoid potential liability –...more

Mandelbaum Barrett PC

Blake Lively vs. Justin Baldoni: Hollywood’s Legal Battle — A Landmark Employment Law Case

Mandelbaum Barrett PC on

A high-profile legal dispute is unfolding between actors Blake Lively and Justin Baldoni over workplace misconduct allegations tied to their 2024 film It Ends With Us. This case, filed in the United States District Court for...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Taco Bell Franchisees for Sexual Harassment and Retaliation

Federal Agency Alleges Fast Food Companies Created Hostile Work Environment for Female Workers, Including Teens, and Fired Manager When She Reported Misconduct - DETROIT – Six related entities operating Taco Bell...more

Bradley Arant Boult Cummings LLP

Time Was Not on Her Side: 5th Circuit Rules Unpaid Mentor’s Claim of Discrimination Is Untimely

In Title VII actions, plaintiffs have a limited amount of time to file a charge of discrimination (or a court can dismiss the case as untimely). In the case of Wells v. Texas Tech University, the timeliness dynamic was...more

Proskauer - California Employment Law

Another Arbitration Agreement Bites the Dust!

The California Court of Appeal dealt another blow to arbitration, just months after we reported the last such decision here. This time, the Court ruled that the federal Ending Forced Arbitration of Sexual Assault and...more

Maynard Nexsen

Sexual Harassment Claims Strike Hollywood Again: Key Takeaways for HR Professionals

Maynard Nexsen on

The entertainment industry, often credited for sparking the cultural “#MeToo” movement, is yet again faced with allegations of sexual harassment, this time from “It Ends With Us” star Blake Lively. On December 31, 2024,...more

U.S. Equal Employment Opportunity Commission...

Wyoming Trucking Company to Pay $124,000 in EEOC Sexual Harassment Lawsuit

Resolves Federal Agency’s Charge of Sexual Harassment by Owner - CASPER, Wyo. – Waller’s Trucking Company, Inc., a family-owned Wyoming trucking company, will pay $124,000 and provide other relief to settle a sexual...more

U.S. Equal Employment Opportunity Commission...

Prosero Management and Prestigious Placement to Pay $215,000 in EEOC Harassment and Retaliation Suit

Staffing Agency and Management Group Settle Federal Charges They Subjected Female Employees to Hostile Environment at Memphis Warehouse - MEMPHIS, Tenn. – Prestigious Placement, Inc., and Prosero, Inc., will pay $215,000...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Pizza Hut for Sex-Based Harassment and Retaliation

Federal Agency Charges Franchisee Fired Female Employee After Reporting Harassment - HOUSTON – Ayvaz Pizza, LLC, doing business as Pizza Hut, which operates more than 350 Pizza Hut restaurants in ten states and multiple...more

U.S. Equal Employment Opportunity Commission...

Enforge, LLC to Pay $35,000 in EEOC Sexual Harassment and Retaliation Suit

Settles Federal Suit Charging Auto Parts Company Subjected Employee to Sexual Harassment and Fired Her After She Complained - WINSTON-SALEM, N.C. – Enforge, LLC, a Michigan-based automotive parts company conducting...more

Constangy, Brooks, Smith & Prophete, LLP

"Tighty whitey" case has 4 good lessons about workplace retaliation

You can't make this stuff up. I hope everybody had a good Thanksgiving. A federal judge just down the road from me ruled this week that a woman’s retaliation case should go to a jury, even though her sexual harassment...more

Carlton Fields

Eleventh Circuit Narrows Scope of Employee Title IX Claims

Carlton Fields on

Last week, the U.S. Court of Appeals for the Eleventh Circuit ruled that Title IX of the Education Amendments of 1972 does not provide an implied right of action for sex discrimination in employment. This decision deepens an...more

U.S. Equal Employment Opportunity Commission...

Formel D USA, Inc. to Pay $80,000 in EEOC Sexual Harassment and Retaliation Lawsuit

Federal Agency Charged National Automotive Service Provider Failed to Protect Female Employee from Supervisor’s Harassment and Retaliation - DETROIT – Formel D USA, Inc., an automotive quality control company with...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Two Employers for Sex Discrimination - September 2024

Federal Agency Alleges Restaurant and Cosmetic Retailer Subjected Transgender Employees to Harassment - WASHINGTON –The U.S. Equal Employment Opportunity Commission (EEOC) filed lawsuits against two companies to enforce...more

U.S. Equal Employment Opportunity Commission...

EEOC Files Three Sexual Harassment Lawsuits

Federal Suits Charge Employers Failed to Protect their Employees from Hostile Work Environments and Retaliated Against Those Who Complained - ST. LOUIS –The U.S. Equal Employment Opportunity Commission (EEOC) filed three...more

U.S. Equal Employment Opportunity Commission...

EEOC’s Phoenix District Sues Three Employers for Sexual Harassment

Federal Agency Alleges Wyoming Trucking Company, Utah Janitorial Service Company, and Arizona Operator of Senior Living Communities Allowed Work Environments Hostile to Female Workers - PHOENIX – The U.S. Equal Employment...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Minden Seafood for Sexual Harassment and Retaliation

Federal Agency Charges Company Failed to Protect Worker from a Coworker’s Sexual Advances and Later Refused to Rehire Her - MINDEN, La. – Minden Seafood, LLC, a seafood restaurant in Minden, Louisiana, violated federal law...more

Bradley Arant Boult Cummings LLP

Sex-Plus X – What’s That? Discrimination

Here’s a refresher: Discriminating against a subclass of a sex (e.g., older women or black women) is still discrimination. In McCreight v. AuburnBank, the Eleventh Circuit clarified a few things for the lawyers related to the...more

U.S. Equal Employment Opportunity Commission...

Balfour Beatty Infrastructure, Inc. to Pay $80,000 to Settle EEOC Sexual Harassment and Retaliation Suit

Federal Agency Charged Construction Company Allowed Sexual Harassment of Female Truck Driver and Retaliated Against Her After She Complained - RALEIGH, N.C. – Balfour Beatty Infrastructure, Inc., a highway construction...more

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

U.S. Equal Employment Opportunity Commission...

EEOC Secures $340,000 Settlement Against “Bark If You’re Dirty” Pet Stores

Settles Federal Lawsuit Claiming Pervasive Sexual Harassment and Retaliation at Company Stores - PHOENIX – Bark If You’re Dirty, a pet store with locations in Phoenix and Scottsdale, owned and operated by Teetszinty, LLC,...more

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