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Hostile Environment Equal Employment Opportunity Commission (EEOC) Corporate Counsel

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

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

Parker Poe Adams & Bernstein LLP

Claims of Hostile Work Environment Happened Over Too Long a Period, Court Rules

Last week, the Sixth Circuit Court of Appeals rejected claims from a university professor that she had been subjected to a series of retaliatory acts in the two- and one-half year period following her filing an Equal...more

BakerHostetler

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

BakerHostetler on

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

McAfee & Taft

Buying a business? Don’t buy an employment lawsuit

McAfee & Taft on

When acquiring a business, companies sometimes unwittingly buy an employment lawsuit. Recently, the 10th Circuit – the federal appeals court that applies to Oklahoma employers – explained when a successor business can be held...more

Seyfarth Shaw LLP

Federal Court Denies Employer’s Motion To Dismiss EEOC-Initiated Sexual Harassment Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis: In EEOC v. Konos, Inc., Case No. 1:20-CV-973 (W.D. Mich. June 3, 2021), the EEOC filed a lawsuit on behalf of a claimant against her employer, alleging it subjected to her to a hostile work environment and...more

Seyfarth Shaw LLP

End of the Road: Eighth Circuit Upholds $3.3 Million Fee Award Against The EEOC For Frivolous Claims

Seyfarth Shaw LLP on

Seyfarth Synopsis: After over a decade of litigation between the EEOC and trucking company CRST Van Expedited, the Eighth Circuit recently affirmed a federal district court’s order requiring the EEOC to pay $3.3 million in...more

McAfee & Taft

Transgender harassment lawsuit goes forward

McAfee & Taft on

Courts around the country are split on the question of whether Title VII of the Civil Rights Act protects individuals against discrimination based on sexual orientation. A recent Arizona federal court recognized the ability...more

Laner Muchin, Ltd.

Recent Federal Decisions Highlight Breadth of Employers’ Obligations Under Title VII

Laner Muchin, Ltd. on

Recent federal court decisions serve as a timely reminder of an employer’s obligations under Title VII to protect employees from all unlawful harassment in the workplace, even if that harassment is perpetrated by someone...more

Manatt, Phelps & Phillips, LLP

Customer Costs Costco $250,000 in Hostile Work Environment Suit

Why it matters - Providing a valuable lesson for employers about liability for the actions of third parties, the U.S. Court of Appeals, Seventh Circuit affirmed a verdict against Costco on behalf of an employee who was...more

Snell & Wilmer

#MeToo Era Settlements...$3.5 Million at a Time

Snell & Wilmer on

Recently, a California company settled a U.S. Equal Employment Opportunity Commission (“EEOC”) sexual harassment lawsuit by consent decree for $3.5 million. Additionally, and as part of the settlement, the company will hire a...more

Bradley Arant Boult Cummings LLP

Winning Harassment Claims in the #MeToo Era

In this #MeToo era, employers are, understandably, a little sensitive when someone raises a claim of harassment. Even with the heightened sense of peril, companies should remember that if they are doing the right thing—having...more

Seyfarth Shaw LLP

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

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A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

Dorsey & Whitney LLP

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

Dorsey & Whitney LLP on

In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent...more

Seyfarth Shaw LLP

TITLE VII: Court Breaks from Department of Justice on Transgender Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the first case following the Department of Justice’s pronouncement that Title VII does not prohibit discrimination against transgender persons on the basis of gender identity, a court in the Western...more

Franczek P.C.

End of Fiscal Year Filings Signal Business as Usual at the EEOC – For Now

Franczek P.C. on

Just like the leaves turning colors, you can count on a flurry of court filings from the Equal Employment Opportunity Commission (EEOC) every September as the agency rushes to get cases on file before the end of its fiscal...more

Bowditch & Dewey

Eleventh Circuit Court of Appeals Decision Lends Further Confusion to Title VII Protections

Bowditch & Dewey on

In a rather disconnected decision on March 10, the United States Court of Appeals for the 11th Circuit ruled, in the case of Evans v. Georgia Regional Hospital, that while Title VII bars an employer from discriminating...more

Seyfarth Shaw LLP

Courts Say Title VII Forbids Employment Discrimination Based on Sexual Orientation and Gender Identity

Seyfarth Shaw LLP on

Seyfarth Synopsis: Increasingly, courts have held that discrimination on the basis of sexual orientation and gender identity violates Title VII. Federal district courts in Nevada and Pennsylvania have recently joined their...more

Franczek P.C.

Courts are Trending Toward Prohibiting Sexual Orientation Discrimination under Federal Law

Franczek P.C. on

Two recent court decisions highlight the ongoing struggle by federal courts to determine whether Title VII of the Civil Rights Act prohibits employment discrimination based on sexual orientation....more

McNees Wallace & Nurick LLC

Pennsylvania Court Says Title VII Prohibits Discrimination Based on Sexual Orientation

The Equal Employment Opportunity Commission (‘EEOC”) has been aggressively advancing its position that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation even though sexual...more

Parker Poe Adams & Bernstein LLP

Same-Sex Harassment Not Actionable When Conduct Not Based on Gender

Employees can consider a working environment to be hostile due to sexual conduct, even when the workplace is all male or all female. The Equal Employment Opportunity Commission (EEOC) and federal courts have long held that...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

Proskauer - Law and the Workplace

Fifth Circuit Decision Reinforces The Importance of Clearly Communicating Anti-Harassment Policies

A well-drafted anti-sexual harassment policy and complaint procedure can provide useful defenses for employers defending against claims of sexual harassment. However, a recent decision from the Fifth Circuit should remind...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Finds Rebellious Behavior by Subordinates Insufficient to Constitute Hostile Work Environment

Most hostile environment harassment claims brought under Title VII involve allegations of offensive conduct by the plaintiff’s supervisors or co-workers. In a few situations, the employee alleges that his or her subordinates...more

Littler

Supreme Court Holds a Party May be Entitled to Attorneys' Fees Absent a Favorable Ruling on the Merits

Littler on

On May 19, 2016, the U.S. Supreme Court issued its decision in CRST, Inc. v. EEOC, which addressed the definition of a “prevailing party” who may be awarded attorneys’ fees in Title VII cases. Although the Court ultimately...more

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