An employee claiming that she endured sexual harassment must present evidence of “severe or pervasive” conduct based on her sex that was bad enough to interfere with her working conditions or create an intimidating workplace. When a plaintiff initially presents these claims in court an initial filing, she does not…
Kind of sounds like the start of a beautiful movie or novel, doesn’t it? Unfortunately, however, it became more Lady Gaga. Or, more precisely, the writings of the Fourth Circuit Court of Appeals adjudicating an on-again-off-again sexual relationship between the “lovers” who became “colleagues” in the “workplace” and, later, plaintiff and…
Often, an employer has affirmative defenses when an employee accuses a supervisor of sexual harassment. But Title VII of the Civil Rights Act of 1964 makes liability automatic in two ways. First, there’s the situation involving quid pro quo sexual harassment. That happens when a supervisor conditions some tangible employment…
In most places, a plaintiff who claims that their former employer sexually harassed them must establish that the conduct to which they were subjected was severe or pervasive enough to alter the conditions of employment and create a hostile or abusive work environment. In New York, however, not so much.…
Last month, I told you that an employer’s response to a harassment complaint doesn’t need to be perfect. Just ok may do. That’s because an employer that learns about sexual harassment needs to respond in a way that is reasonably designed to end the complained-of behavior. Well, I read a…
Federal agencies, like the U.S. Department of Justice, often publish news releases touting their lawsuits and significant judgments against employer scofflaws. But, I know a big one — a $1.2M judgment — that the DOJ will want to forget. According to multiple reports, including Grace Elletson’s at Law360, the DOJ offered…
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. But first, we need to talk about sex stereotyping. Sex stereotyping is a form of discrimination. Indeed, the Supreme Court has acknowledged that Title VII of the Civil Rights Act of 1964…
Suppose that several employees complain that a coworker is creating a “hostile work environment” because they were afraid that she (the coworker) was going to report them (the employees) for engaging in unspecified misconduct in the workplace. Can the employer respond by mandating an Employee Assistance Program (EAP) referral as…
I enjoy blogging about employment law. But occasionally, perhaps after a long day, I wish some of these blog posts would write themselves. Last night, I got my wish. As an email subscriber to the press releases from the U.S. Equal Employment Opportunity Commission, I’ve noticed an unusual amount of…
From recent memory, I can’t recall a case with more egregious allegations of sexual harassment. One of the plaintiffs in this Fifth Circuit decision I read last night alleged that soon after a staffing company placed her with a new employer, a female supervisor began sexually harassing her, culminating with…