When is an employer legally responsible for harassment of its employee by one of its customers? A recent court decision may be a relief for employers in Kentucky, Michigan, Ohio, and Tennessee. Most courts ruling on the...more
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
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
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit soundly rejected the notion that employers may escape liability for unlawful harassment by arguing that the alleged harassment is limited to social media...more
On July 11, 2023, a trial court in the State of Washington issued a groundbreaking opinion which provides employers with a legal path to protect their employees from online abuse and harassment from third parties suffered...more
The UK Government is supporting the Worker Protection (Amendment of Equality Act 2010) Bill to significantly expand employers’ liability for harassment in the workplace....more
We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more
SEXUAL HARASSMENT IN THE WORKPLACE: WHAT US: MULTI-STATE COMPANIES NEED TO KNOW - We include the 2018 chapter in its entirety for reference following the 2019 update. 2019 Update - In the wake the of the #MeToo...more
2019 Update - The #MeToo movement, which has grown international in scope, is a wide-ranging campaign to shed light on the occurrence of sexual assault and harassment, particularly in the workplace. The movement began in...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
Koko the Gorilla, who turned 36 last month, has quite a following. Much of that has to do with the fact that she purportedly has a vocabulary of over 1000 words that she communicates through sign language. If this were a blog...more
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
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