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The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employees) agrees with the Genius from Georgia, at least when it comes to music businesses allow to be […]
After a medical clinic employee reported harassment, she said she didn’t want her alleged harasser “approached about his behavior specifically directed towards [her].” As a result, the lower court determined the employer was excused from failing to address the conduct right away, especially since it did take prompt action once the harassment turned physical. On […]
Typically, harassment claims involve allegations that an individual has been harassed by a coworker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against potential harassment by non-employees as well. Cornered at the Beer Tub Laura Wong worked as a beverage server at Rivers Casino in Des Plaines, Illinois. […]
The words “and,” “but,” and “or” are conjunctions. In case you’ve forgotten, Schoolhouse Rock taught many of us in grade school that conjunctions link words, phrases, and clauses together to form sentences. But in case you were sleeping in class that day, the Minnesota Court of Appeals recently provided a great crash course when it […]
The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the summary dismissal of a sexual harassment discrimination lawsuit against a pipeline construction company and a pipeline operator’s successor-in-interest but sent the related premises liability claim back to the lower court.
Employers often make policy changes to address potentially discriminatory conditions. If you hope to use the changes as a defense to future bias claims based on the former policy, however, you must communicate them to your employees. A ruling from the U.S. 8th Circuit Court of Appeals (which covers Arkansas employers) recently reinforced the lesson.
After the U.S. Supreme Court’s Bostock decision in June 2020, which found discrimination because of someone’s transgender status is prohibited under the umbrella of sex discrimination, the Equal Employment Opportunity Commission (EEOC) issued guidance expanding on the practical implications. The guidance highlights one form of harassment that can contribute to creating a hostile work environment […]
With the #MeToo movement seemingly everywhere in the news, it’s important for all employers to review their sexual harassment training practices. Maine recently amended its sexual harassment training law to impose additional requirements on employers in the state.
What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? You owe duties all around, and you may not be able to perform one duty without risking a violation of the other. See how one employer successfully avoided that minefield.
by Theodore Fong The risks to employers in sexual harassment cases can be big. Potential liability can arise from any decision. Employers may then find themselves having to make tough decisions on tight timelines. The key to ensuring an appropriate response is to be prepared. Preparation will permit an employer to take a proactive approach, […]