It takes a lot to establish what the law considers a hostile work environment. A former warehouse manager learned this lesson the hard way when a federal judge dismissed her complaint with prejudice before she even got the chance to take any discovery. Continue reading
Earlier this year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law allows victims of sexual assault or sexual harassment to litigate their claims in court even if they signed an arbitration agreement.
At the end of last month, a bipartisan group of representatives in the House introduced legislation to limit the use of nondisclosure and nondisparagement agreements involving claims of sexual assault and sexual harassment. Continue reading
Does the spike in remote work arrangements over the past few years mean the end of wacky sexual harassment cases?
Yeah, right!
The U.S. Equal Employment Opportunity Commission caught a whiff, sued the employer in December, and just announced a $361,000 settlement for seven current and former female employees. Continue reading
Over the weekend, I caught up on a few older cases I had intended to blog about earlier. The one today on which I’ll focus has some “disturbing facts.”
At least that’s how one of the Fifth Circuit judges deciding the case viewed them: Continue reading
This case involves a plaintiff who worked as a part-time bartender who worked for a bar in New Jersey. She claimed that her supervisor created a hostile work environment by calling the plaintiff names “used to describe a person with an oversized posterior.” (The court deemed it unnecessary to identify the supervisor’s “alternate names” for the plaintiff.) Continue reading
As I sit here on vacation cleaning out some of the older cases from my Google Drive, I came across this Fifth Circuit decision about which I meant to blog a while ago. It’s about a baccarat dealer who had to deal with a customer making sexually charged gestures, remarks about her appearance, and sexual propositions toward her.
No employee should have to deal with this type of behavior. But does the law recognize that customers can create a hostile work environment for one of your employees?
What a Friday trifecta! The only thing better that could come in threes would be a gallon of Neapolitan ice cream — with chocolate instead of strawberry and vanilla. Continue reading
On Tuesday, I warned you that your company’s arbitration agreements for sexual harassment claims might not survive February intact.
Folks, they may not make it to the Super Bowl. Continue reading
Back in the Summer, during one of my rare deviations from blogging about COVID-19, I slipped in a post about a bipartisan effort in Congress to end the forced arbitration of sexual assault and sexual harassment claims.
Six months later, there are some real signs that this Bill will make it to President Biden’s desk for signature. So, if you have employees that have signed arbitration agreements, keep reading.
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