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…
Articles Posted in Sexual Harassment
EEOC sues “Bark If You’re Dirty” pet store for sexual harassment and sex discrimination. Because of course.
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…
The employee who claimed she was drugged, raped, and blackmailed by a supervisor LOST her discrimination lawsuit. HOW?!?
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…
Can labor unions be sued for sexual harassment? (Spoiler alert: Yes, and they are costly!)
When most people think of federal anti-discrimination laws like Title VII of the Civil Rights Act of 1964, they associate them with employees suing employers for things like discrimination, retaliation, and hostile work environments. But Title VII covers more than just employers. For example, Title VII outlaws any employment practice…
If the boss is creating a hostile work environment, no amount of fix-it may save you in the lawsuit
Not this Boss. I’m talking about someone so high up in the company food chain that they serve as the organization’s proxy. Ordinarily, when an employee accuses a supervisor of creating a hostile work environment, as long as the company has not taken a tangible employment action against that employee,…
Is it sexual harassment to IMPLY that certain job benefits will require sexual favors?
Have you ever heard of quid pro quo sexual harassment? The U.S. Equal Employment Opportunity Commission says it occurs where employment opportunities or benefits are granted because of an individual’s submission to the employer’s sexual advances or requests for sexual favors. In those situations, the employer may be liable for unlawful…
If the same person sexually harasses a man and a woman, does that cancel each other out?
MicroZesTo, CC BY-SA 3.0, via Wikimedia Commons If you’re asking that question to the U.S. Equal Employment Opportunity Commission, the answer is no. At the end of last week, the EEOC announced that it had sued two companies allegedly violating federal law when they failed to prevent and correct ongoing…
He asked her to babysit and shot her in the butt with a rubber band. So she sued for hostile work environment.
I’ve seen weaker lawsuits. But let me explain why the Sixth Circuit Court of Appeals recently affirmed that asking a female colleague to babysit, once hitting her posterior with a rubber band, and even failing to use her proper title is not enough to create a hostile work environment based…
Law restricting arbitration of sexual harassment claims doesn’t apply retroactively, says court that can read the law
Your tax dollars at work, folks. Well, technically, just those of us in New Jersey. Before I tell you about this recent decision, I’ll offer a brief history lesson. In July 2021, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was introduced in the U.S.…
President Biden is ready to sign a bipartisan bill ending certain sexual harassment NDAs
Democrats and Republicans don’t often see eye to eye on new employment legislation. Except, it seems, when Gretchen Carlson spearheads the effort to get these new bills passed. In March, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. That law…