News & Analysis as of

Workplace Harassment Guidance Civil Rights Act Employer Liability Issues

Saul Ewing LLP

Ninth Circuit Rules That Social Media Posts Can Constitute Workplace Harassment

Saul Ewing LLP on

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

Seyfarth Shaw LLP

Personal Does Not Mean Private: Ninth Circuit Holds Personal Social Media Posts Can Constitute Workplace Harassment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit has held that harassing conduct that takes place outside of the physical workplace can constitute workplace harassment....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Releases Guidance for Preventing Harassment at Construction Worksites

Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace....more

Jackson Lewis P.C.

EEOC Enforcement Guidance on Workplace Harassment: Liability

Jackson Lewis P.C. on

The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more

Foley & Lardner LLP

Navigating the Rock & the Hard Place: Conflicting Federal and State Mandates for LGBTQ Employees

Foley & Lardner LLP on

“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more

Franczek P.C.

EEOC Releases Final Rule on Pregnant Worker Protections, Updated Guidance on Worker Harassment

Franczek P.C. on

In April, the U.S. Equal Employment Opportunity Commission (EEOC) released two long-awaited final documents aimed at strengthening worker protections: the final rule implementing the Pregnant Workers Fairness Act (PWFA, or...more

Cole Schotz

EEOC Publishes Proposed Guidance on Workplace Harassment

Cole Schotz on

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

Fox Rothschild LLP

In New Workplace Harassment Guidance, EEOC Moves to Broaden Enforcement

Fox Rothschild LLP on

In new draft guidance, the U.S. Equal Employment Opportunity Commission proposes to recognize broad protections for LGBTQ+ employees in the workplace and allow bias claims premised on abortion-related decisions. It also...more

Bodman

Sixth Circuit Decision Provides Guidance on Properly Managing Workplace Harassment and Discrimination Complaints

Bodman on

A recent Sixth Circuit reported decision provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act....more

Parker Poe Adams & Bernstein LLP

EEOC Issues Guidance on Gender Identity Discrimination

By virtue of the U.S. Supreme Court’s 2020 opinion in Bostock v. Clayton County, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on sexual orientation or transgender status. On June 15,...more

Poyner Spruill LLP

EEOC Issues Resolution Condemning Violence and Discrimination Against Asian Americans and Pacific Islanders

Poyner Spruill LLP on

On March 22, 2021, the U.S. Equal Employment Opportunity Commission issued a Resolution condemning violence and discrimination against Asian Americans and Pacific Islanders.  This resolution comes approximately one year after...more

Akerman LLP - HR Defense

Halloween Parties Can Leave Employers “Haunted” By Discrimination

Akerman LLP - HR Defense on

The last week of October can result in “double, double toil, and trouble” for employers. While workplace Halloween festivities may boost employee morale, they can also result in employer liability for discrimination and...more

Cozen O'Connor

Halloween in the Workplace – What Could Go Wrong?

Cozen O'Connor on

October 31st is right around the corner, and in workplaces all across the U.S. employers are contemplating having some kind of Halloween party or inviting employees to dress up. ...more

Troutman Pepper

Single Ageist Comment May Be Insufficient To Sustain Age Discrimination Claim

Troutman Pepper on

Q.  If a supervisor makes a comment about an employee’s age, will the company be liable for age discrimination? A.  While ageist comments are never appropriate in the workplace, an Illinois federal court recently ruled...more

Conn Maciel Carey LLP

Workplace Harassment 101

Conn Maciel Carey LLP on

One lesson companies of all sizes can learn from the sexual harassment claims that Uber is facing is that an employer needs to set clear restrictions on harassment and make a conscious effort to hold employees accountable to...more

Akerman LLP - HR Defense

Employees in Educational Programs: Expanded Options for Suits

Employers who are operating educational programs or activities – whether inside or outside educational institutions – take note: a recent court decision adds to a split in the federal appellate courts by allowing employees...more

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