News & Analysis as of

Employment Policies Hostile Environment Title VII

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

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

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

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

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

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

Parker Poe Adams & Bernstein LLP

Non-Consensual Touching Not Comparable to Rude Employee Behavior

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

Cole Schotz

EEOC Publishes Proposed Guidance on Workplace Harassment

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On October 2, 2023, the United States Equal Employment Opportunity Commission (“EEOC”) issued its long-awaited proposed guidance regarding harassment in the workplace (the “Guidance”). In January 2017, the EEOC published...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

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

Stokes Wagner

Not Music to Our Ears: Music Can Create a Hostile Work Environment

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In a recent case, the Ninth Circuit Court of Appeals held that employees may be able to support a hostile work environment claim by presenting evidence of regular exposure to violent, misogynistic music, even when the music’s...more

Mintz - Employment Viewpoints

Second Circuit Clarifies Standard for Evaluating Title VII Retaliation Claims

On the heels of the Fifth Circuit Court of Appeals’ recent decision clarifying its view of properly pled Title VII disparate treatment discrimination claims, which we previously covered here, the Second Circuit Court of...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

Parker Poe Adams & Bernstein LLP

Ninth Circuit Says Rap Lyrics Can Create Hostile Work Environment

Given the wide availability of quality headphones, you may wonder why employers would still allow employees to play music at work that could annoy co-workers. A recent decision from the Ninth Circuit Court of Appeals reminds...more

Seyfarth Shaw LLP

Don’t Play That Funky Music — The Music Might Be Harassing

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Seyfarth Synopsis: A Ninth Circuit opinion has held that music with sexually derogatory and violent content might give rise to a claim for discrimination based on sex even if the music offends both men and women. Sharp, et al...more

Bradley Arant Boult Cummings LLP

Please DO Stop the Music: Ninth Circuit Rules Offensive Tunes Can Constitute a Hostile Workplace

Many workplaces allow their employees to listen to music or radio on site. But what if employees choose to blast “sexually graphic” and “violently misogynistic” songs throughout a warehouse? Does it matter whether the...more

McAfee & Taft

‘Bad’ rap: Offensive workplace music triggers harassment lawsuit

McAfee & Taft on

Sometimes music at work can be a welcome diversion. But not all songs favored by employees come from “The Sound of Music.”  An employer’s obligation to keep its workplace free from harassment includes paying attention to what...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Too $hort And Compilation Damages

This week, the Court addresses whether offensive music can create a hostile work environment and considers when individual photos in a database constitute a “compilation” for purposes of copyright infringement damages. ...more

Verrill

Supreme Leak: Religion at Work

Verrill on

Over the last year, our society has navigated COVID-19 and rules concerning vaccination and masking. As a society and on this blog, we have discussed regularly the role religious freedoms play in the work environment—under...more

Jackson Walker

Avoiding “Single Event” Hostile Work Environment Claims

Jackson Walker on

Title VII of the 1964 Civil Rights Act and other anti-discrimination statutes require employers to avoid discrimination on the basis of race, gender, and other improper classifications. The United States Supreme Court has...more

Foley & Lardner LLP

Stopping Harassment Before it Starts Includes Dealing with Bullying

Foley & Lardner LLP on

Toxic workplaces have been making plenty of headlines lately. Recent stories about toxic workplaces - and some of the fallout – have spanned all sorts of industries, from government to video gaming to professional sports. ...more

U.S. Equal Employment Opportunity Commission...

Riddle Painting and EEOC to Settle Lawsuit Alleging Violations of Title VII

PHOENIX -Riddle Painting & Coatings, Inc., an Arizona industrial and commercial painting company, settled a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) in the U.S. District Court for the District...more

U.S. Equal Employment Opportunity Commission...

La Cantera Resort and Spa to Pay Over $2.5 Million to Settle EEOC National Origin Discrimination Suit

Resort implemented strict rules forbidding Spanish and retaliated against workers when they complained, Federal Agency Says - SAN ANTONIO, Texas - The former operators of the La Cantera Resort and Spa have agreed to pay...more

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