News & Analysis as of

Harassment Remand

Bradley Arant Boult Cummings LLP

Get with the Pronoun: Eleventh Circuit Rules Pervasive Misgendering Is Harassment

If an employer or coworker persistently uses a transgender worker’s wrong name or identified pronoun, can that constitute a hostile work environment in violation of Title VII? In Copeland v. Georgia Department of Corrections,...more

Woods Rogers

Virginia Supreme Court Rules in Favor of Teacher Over Use of Pronouns

Woods Rogers on

The Virginia Supreme Court ruled in favor of a high school teacher, finding that the circuit court wrongly dismissed the teacher’s claims against his former employer, who had terminated the teacher after he refused to use a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Allows New Type of Same-Sex Harassment Claim Based on Stereotyping

In its Oncale decision, the U.S. Supreme Court recognized that same-sex sexual harassment violates Title VII’s sex discrimination prohibition. In that case, the court said that plaintiffs can demonstrate same-sex harassment...more

Parker Poe Adams & Bernstein LLP

Employer's Failure to Respond to Other Employees' Complaints Advances Harassment Claim

Under Title VII, employers are generally strictly liable for harassing conduct by supervisors. In its Faragher and Ellerth decisions, the U.S. Supreme Court developed a limited defense for employers accused of supervisor...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - June 2018 #4

Robinson & Cole LLP on

Just weeks after Mexico’s central bank was targeted by hackers who stole $15 million, Chile’s biggest bank, Banco de Chile, announced on May 28, 2018, that it had been struck by a “virus” that affected its workstations,...more

Seyfarth Shaw LLP

Fifth Circuit Green Lights Discovery Over Immigration Status In EEOC Litigation

Seyfarth Shaw LLP on

Seyfarth Synopsis: Hispanic employees of a poultry processing plant alleged harassment and abuse on the job. The company claimed that the employees’ allegations were fabricated in order to obtain U visas, which are available...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to Replace Employee Does Not Defeat Discriminatory Termination Claim

When a terminated employee alleges that her firing resulted from discrimination or retaliation, employers often dispute those claims by noting that the employer never hired anyone to take the terminated employee’s position....more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Standard for Adverse Action in Retaliation Claim is Significantly Lower Than That for Discrimination Claims

The Supreme Court’s 2006 Burlington Northern decision concluded that employers engage in retaliation against protected employees when they take action that would deter a reasonable person from filing an EEOC charge or...more

Mintz - Employment, Labor & Benefits...

Federal Court Says Employer Can Be Liable for Acts of Anonymous Harasser

As a major national company learned recently, employers cannot shirk their obligations to investigate employee complaints of a hostile work environment simply because the identity of the harasser is unknown. Failure to...more

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