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A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]
An employer that had a sexual harassment policy but that failed to train its employees on the policy—and failed to insist that managers who received complaints forward them to the HR department—will face a jury trial in an Ohio federal court.
After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the employee to mental anguish and punitive damages and an award of fees to the person’s lawyer. Read on.
An investigator’s request for confidentiality in a discrimination or harassment probe is valid and doesn’t violate an employee’s right to free speech or the New Jersey Law Against Discrimination (NJLAD), the Appellate Division recently ruled. In the February 28 decision, the court rejected a former employee’s attempt to invalidate a state Civil Service Commission (CSC) […]
After less than four hours of deliberation, a jury in a California federal court recently awarded $136.9 million to a former Tesla subcontractor after finding he had been subjected to a racially hostile work environment at the company’s factory in the northern part of the state. The huge damages award demonstrates the potential dangers underlying […]
A recent employer-friendly decision from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Texas, and Mississippi) is a reminder to take disability accommodation requests seriously. Also, remember an accommodation can be reasonable even if it’s not the employee’s preferred choice. Facts In May 2016, Willis Towers Watson (WTW) hired Christian Jennings to work […]
Claims filed under Title VII of the Civil Rights Act of 1964 require employees to demonstrate several specific elements to prove race discrimination, retaliation, hostile work environment, or constructive discharge by a federal employer. To be successful, they must show an adverse employment action, intolerable working conditions, or harassment affecting their terms, conditions, or privileges […]
The 6th Circuit (which covers Michigan and Ohio employers) recently provided employers with fresh guidance on what workplace actions may be considered “based on sex” and how severe and frequent the circumstances must be to create liability for a hostile work environment claim. Facts Nicole Massey began working for the Detroit Water and Sewerage Department […]
It should go without saying that most employers want to create an environment free from all types of harassment. Not only do they not want to be held liable for such behavior, it’s also simply the right thing to do. That said, fostering a workplace culture that allows harassing behaviors may happen more often than […]
Hostile work environments have the potential to cost businesses thousands or millions of dollars every year due to costs associated with employee turnover, presenteeism, and absenteeism, as well as costs associated with settling or litigating harassment lawsuits.