News & Analysis as of

Employment Policies Hostile Environment

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Follow Policies Prevents Early Dismissal of Discrimination Claims

Earlier this month, the Fourth Circuit Court of Appeals (which includes North Carolina, South Carolina, and Virginia) vacated the district court’s grant of summary judgment for the employer in Wannamaker-Amos v. Purem Novi...more

FordHarrison

EntertainHR: BTS of “It Ends With Us”: Speaking out on Social Media

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Happy Holidays and Happy New Year! If you’re anything like me, you spent your holidays watching “It Ends With Us,” a romantic drama film based on Colleen Hoover’s best-selling novel, and catching up on the Blake Lively v....more

Woods Rogers

Why the Increase in Demeaning Women Online Matters for Your Workplace: What's the Tea in L&E?

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan explore the importance of...more

ArentFox Schiff

Wawrzenski v. United Airlines, Inc.: Key Takeaways for Employers Navigating Workplace Policies

ArentFox Schiff on

Employers wanting to create a more equitable and legally compliant workplace while also reducing their risk of litigation may want to pay particular attention to the California Court of Appeal’s recent decision in Wawrzenski....more

Seyfarth Shaw LLP

Reflections on the Positive Duty to Prevent Sexual Harassment two years on

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In light of recent legislative changes in the United Kingdom, from 26 October 2024, UK employers have a new duty to take reasonable steps to prevent sexual harassment of workers in the course of their employment....more

Seyfarth Shaw LLP

Preventing Sexual Harassment in the Workplace: A Cultural Shift or Business as Usual?

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Sexual harassment in the workplace is a pervasive issue with serious consequences for both employees and employers. According to a 2023 Trade Union Congress poll, 60% of women reported experiencing sexual harassment,...more

Ius Laboris

New guidance on how to prevent sexual harassment

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The new legal duty in the UK to prevent sexual harassment is ‘designed to transform workplace cultures’, according to guidance published by the Equality and Human Rights Commission....more

McDermott Will & Emery

New Duty on UK Employers to Prevent Sexual Harassment

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From 26 October 2024, UK employers will be subject to a new positive duty to prevent sexual harassment of workers in the course of their employment. The new preventative duty is set out in the Worker Protection (Amendment of...more

Spilman Thomas & Battle, PLLC

Online, Off-Duty Harassment is Still Unlawful Harassment

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

Foley & Lardner LLP

What Do Taylor Swift and Employers Have in Common? Political Speech and Voting Leave Are Top of Mind This Election Season

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On September 10, 2024, pop-culture icon Taylor Swift announced her endorsement for the 2024 presidential election via Instagram and encouraged her followers to get out and vote. Swift’s post is a great reminder of two topics...more

Venable LLP

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

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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

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

Jackson Lewis P.C.

Political Speech in the Workplace: How Employers Can Manage Legal Risks in 6 Steps

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The national and global hyperpolitical atmosphere inevitably touches the workplace, where employers and employees must remain productive while navigating the intersection of political expression, workplace culture and...more

FordHarrison

From Office Romance to Courtroom Drama: Lessons from ‘Presumed Innocent’

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Raymond Horgan, the District Attorney of Kindle County, declares “it’s Rusty’s case,” in the premier of Apple TV+’s legal thriller, Presumed Innocent. The “case” concerns the brutal murder of Carolyn Polhemus, a respected...more

Littler

Politics in the Workplace and the Risks of Social Media

Littler on

In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...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

Kelley Drye & Warren LLP

Posting About Another Employee on Social Media Could Be Unlawful Harassment

Social media has truly changed our world, both in and outside of the workplace. It has evolved into a daily habit for many of us; the way we get news about the world and our friends, the way we shop, gossip, and much more. It...more

Chartwell Law

The Social Web’s Influence on Your Workplace and the Potential Havoc It Can Cause

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Employers have a duty to ensure that their workplaces are not hostile, both in the physical and virtual worlds. This responsibility extends to both actual and constructive knowledge of potential issues....more

Fisher Phillips

Preventing Workplace Bullying: 7 Steps Employers Can Take Now

Fisher Phillips on

While many federal and state laws protect employees against harassment, workplace bullying often isn’t covered unless it is based on a protected characteristic, such as race or gender. But that doesn’t mean employers should...more

Lowenstein Sandler LLP

Microaggressions: Are they a macro issue?

In this episode of “Real Talk,” Nicole Fulfree, Megan Monson, Julia E. Sanabria, and Rachel Moseson Dikovics tackle the subject of microaggressions: comments or actions that subtly and often unconsciously or unintentionally...more

Holland & Knight LLP

When Social Media Posts Become Workplace Harassment

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The U.S. Court of Appeals for the Ninth Circuit on July 25, 2024, ruled that under Title VII of the Civil Rights Act of 1964, companies can be held liable for claims of a hostile work environment if an employee shares...more

Woods Rogers

What's the Tea in L&E? "Passive" Harassment: When Does Workplace Decor Contribute to a Hostile Environment?

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What’s the Tea in L&E is a video series focused on the latest trends and updates in labor and employment law. In this short video, Woods Rogers L&E attorneys Leah Stiegler and Emily Kendall Chowhan discuss when decor in the...more

FordHarrison

EntertainHR: Why it’s Never a Good Idea to Overlook Workplace Drama

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If you’re a fan of the Bravo sphere, you’re probably noticing a theme in a few of the latest seasons of our favorite shows like Summer House, the Real Housewives of New Jersey, and Vanderpump Rules: conflict amongst...more

Bodman

Michigan Supreme Court Expands Retaliation Liability Under Michigan’s Civil Rights Act

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The Michigan Supreme Court’s recent ruling in the case of Miller v. Department of Corrections expands the scope of retaliation claims under the Elliott-Larsen Civil Rights Act (ELCRA). This decision could have important...more

FordHarrison

EntertainHR: 9 to 5—Don’t Mess with Dolly

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Summertime is nearing, and one of my favorite summer traditions after a long week is to make a big bowl of popcorn, get myself and my dog cozy on the couch, and turn on an old movie. Recently, I rewatched 9 to 5, a classic...more

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