News & Analysis as of

Title VII › Hostile Environment › Anti-Harassment Policies

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
Gould + Ratner LLP

Coldplay Gate: What if It Happened at Your Company?

Gould + Ratner LLP on

The internet lit up recently with viral footage from a “kiss cam” at a Coldplay concert in Boston, Massachusetts. The clip, now dubbed by some as “Coldplay Gate,” depicts the married CEO of Astronomer, Inc., having an...more

Oppenheimer Investigations Group

Digital Danger: When Social Media Posts Can Trigger Workplace Investigations

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Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more

Amundsen Davis LLC

Lowering the Legal Standard for Establishing Workplace Harassment Claims

Amundsen Davis LLC on

In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more

Seyfarth Shaw LLP

EEOC Prioritizes Campus Antisemitism: What Employers Need to Know

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In a March 5, 2025 press release, Andrea Lucas, the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), emphasized the agency’s plans to prioritize holding universities and colleges accountable to prevent...more

Farella Braun + Martel LLP

The Ninth Circuit Clarifies Employers’ Obligations When Addressing Social Media Posts Affecting Workplace

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A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees’ off-premises social media activity. In Okonowsky v. Garland, the Ninth Circuit...more

Spilman Thomas & Battle, PLLC

Online, Off-Duty Harassment is Still Unlawful Harassment

Spilman Thomas & Battle, PLLC on

Once an employer knows or has reason to know about alleged harassment, it has an obligation to promptly remedy the hostile work environment, even if the offensive conduct occurred wholly offsite, online, or off-duty. This...more

Dorsey & Whitney LLP

Yes, you can be liable for your employee’s online posts!

Dorsey & Whitney LLP on

You might think what happens outside the workplace stays outside the workplace, but as the Ninth Circuit recently ruled, you can be sued by one employee for what another employee posts online....more

Venable LLP

Ninth Circuit to Employers: What Your Employees Say on Social Media May Haunt You

Venable LLP on

Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more

Mintz - Employment Viewpoints

Caveat Employer: An Employee’s Off-Duty Social Media Posts Can Constitute Workplace Harassment

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As the workplace continues to take a new shape, the distinction between “workplace conduct” and “off duty” conduct continues to fade for many.  After a recent Ninth Circuit ruling, employers must be more vigilant than ever in...more

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

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On July 25, 2024, the U.S. Court of Appeals for the Ninth Circuit rejected the notion that harassing conduct must occur inside the workplace to be considered actionable. The court also affirmed the notion that “the totality...more

ArentFox Schiff

Social Media Creating a Hostile Work Environment: What To Know Following Okonowsky v. Garland

ArentFox Schiff on

It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more

Farella Braun + Martel LLP

The Ninth Circuit Reminds Employers of Obligations When Addressing Social Media Posts Affecting Workplace

Farella Braun + Martel LLP on

A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more

Venable LLP

Equal Employment Opportunity Commission Issues New Guidance on Workplace Harassment

Venable LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finally published its updated guidance on workplace harassment, formalizing the EEOC's position regarding additional protections for employees....more

Foley & Lardner LLP

EEOC’s New Harassment Enforcement Guidelines: A Good Primer for Addressing Workplace Harassment and Retaliation

Foley & Lardner LLP on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited workplace harassment and enforcement guidelines to help employers understand what type of conduct the agency considers to be...more

Proskauer - Law and the Workplace

EEOC Releases Final Guidance on Harassment in the Workplace

Proskauer - Law and the Workplace on

On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace. As Proskauer previously covered, this final guidance follows proposed guidance,...more

Buchalter

Navigating Workplace Inclusivity: How Employers Can Better Understand and Apply the EEOC’s Recent Guidance on Workplace Harassment

Buchalter on

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment in a step toward fostering a more inclusive workplace environment. This guidance serves as a...more

Bricker Graydon LLP

EEOC Updates Its Guidance on Workplace Harassment

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The Equal Employment Opportunity Commission (EEOC) hopped on the bandwagon of employment law updates this week by updating its guidance to prevent workplace harassment. This guidance focuses on protecting covered employees...more

CDF Labor Law LLP

EEOC Publishes Guidance on Harassment In The Workplace

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On April 29, 2024, the EEOC published its “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). The Guidance updates and replaces the EEOC’s prior guidance documents, discusses the Supreme Court’s 2020...more

Parker Poe Adams & Bernstein LLP

Non-Consensual Touching Not Comparable to Rude Employee Behavior

Parker Poe Adams & Bernstein LLP on

After investigating allegations of sexual harassment and taking disciplinary action, we see a surprising number of claims from the accused harassers that they were actually the victims of alleged discriminatory behavior that...more

Frantz Ward LLP

EEOC Issues Robust Proposed Enforcement Guidance on Harassment in the Workplace After Stalled Attempt Under Trump Administration

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After a 3-2 vote along political party lines, the EEOC recently voted to publish its Proposed Enforcement Guidance on Harassment in the Workplace, which remains open to public comment until November 1, 2023. When the current...more

Poyner Spruill LLP

Impending EEOC Harassment Guidance Could Mean Policy Changes for Employers

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The United States Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on September 29, 2023, that explains the legal standards imposed and outlines employer liability with respect to harassment claims...more

BakerHostetler

EEOC’s Proposed Enforcement Guidance on Workplace Harassment - What Should Employers Be Doing as a Result?

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On Oct. 2, the Equal Employment Opportunity Commission (EEOC) released proposed enforcement guidance on harassment in the workplace, and the proposed guidance has been receiving quite a bit of attention. This begs the...more

Bracewell LLP

EEOC Releases Proposed Workplace Harassment Guidance – 25 Years in the Making

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On September 29, 2023, the Equal Employment Opportunity Commission (EEOC) released its long-awaited proposed guidance on workplace harassment. The last EEOC guidance on workplace harassment was issued in 1999. The public will...more

Holland & Knight LLP

EEOC Issues Updated Workplace Harassment Guidance

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The U.S. Equal Employment Opportunity Commission (EEOC or Commission) on Sept. 29, 2023, proposed updated workplace harassment guidance reflecting notable changes in the law, including the U.S. Supreme Court's decision in...more

Troutman Pepper Locke

Musical Harassment: Ninth Circuit Finds Offensive Music in the Workplace Can Constitute Sexual Harassment

Troutman Pepper Locke on

Q: Can sexually graphic, misogynistic music played in the workplace be considered sexual harassment even if it is not directed at a particular employee and found offensive by employees of both sexes? ...more

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