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.
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
I’m going to tell you about what may be the least self-aware employee. At least in recent memory. 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?
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. Continue reading
From recent memory, I can’t recall a case with more egregious allegations of sexual harassment. Continue reading
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.
Not this Boss. I’m talking about someone so high up in the company food chain that they serve as the organization’s proxy. Continue reading
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