Articles Posted in Sexual Harassment


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. Continue reading


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 recent federal court decision in which the U.S. Equal Employment Opportunity Commission alleged that an employer’s response to complaints of sexual harassment in September and December 2019 was deficient in at least four ways. Continue reading


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. Continue reading


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 a condition of the coworker’s continued employment?

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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.

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