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Sexual Harassment Articles- Harsh Reminder: Supervisors Need to Respond Promptly and Effectively to Suspected Sexual Harassment. December 18, 2009The U.S. Court of Appeals for the Second Circuit recently ruled in Duch v. Jakubek, 2009 WL 4421267 (2d Cir. 2009), that a jury reasonably could find that a supervisor who ignored facts regarding suspected workplace sexual harassment had constructive knowledge of the harassment and, thereby, exposed his employer to liability under Title VII of the Civil Righ […]
- Weird Sexual Harassment Cases In the News. December 15, 2009Two high-profile sexual-harassment cases are in the news. One is just beginning, the other has come to a close. […]
- Do Love Contracts At Work Make Sense? Documenting Voluntary Employee Romances. November 24, 2009"Love contract," is the common phrase that refers to a written confirmation that two employees' romantic relationship is voluntary, and that they both understand and know how to use employer policies that deal with harassment in the workplace. […]
- TOP 10 WAYS TO DEAL WITH WORKPLACE ROMANCES. October 23, 2009The recent spotlight on David Letterman’s alleged affairs with female subordinates is a useful reminder for careful employers: create a systematic plan for dealing with workplace harassment and romantic relationships. And then follow it. […]
- Eighth Circuit Permits Evidence of Other Harassment Complaints to Employer as Probative. October 12, 2009A federal appeals court in St. Louis has determined that evidence of other sexual harassment instances and complaints brought to an employer’s attention can be considered to show the severity and pervasiveness of a hostile work environment and of the employer having constructive notice of this workplace problem. Sandoval v. American Bldg. Maintenance Indus., […]
- Investigating Claims of Harassment. August 7, 2009Your human resources director has brought you a tough one: one of your sales employees has complained that her Sales Manager harassed her sexually, and had made disparaging racial remarks about a customer. You're stunned because the manager has been a good performer, generating good numbers and seems like a real straight arrow guy. What do you do? […]
- Employer Not Entitled to Summary Judgment When Its Corrective Measures Failed to Curtail Harassment. July 29, 2009Reversing summary judgment in favor of the employer on an employee’ s racial and sexual harassment claims, the federal appeals court in Richmond has ruled that the Equal Employment Opportunity Commission presented sufficient evidence of harassment, and of the employer’ s failure to remedy the alleged harassment, that the case should go to a jury. EEOC v. Cen […]
- Supervisors Without Authority to Affect Employment Status of Other Workers Are not “Managers” for Purpose of Title VII. June 25, 2009The basis of an employer’s liability for a claim of hostile work environment under Title VII depends upon whether the harasser is the complainant’s supervisor or merely a co-worker. When a hostile work environment is created by a co-worker, the employer is liable only if the employer failed to provide an avenue for reporting the harassment, or if the employe […]
- Damned If You Do, Damned If You Don't: Terminating Accused Harasser Can Lead to Liability for "Sex Stereotyping" June 23, 2009Most employers are well aware of their obligation to promptly and thoroughly investigate complaints of sexual harassment. Although the right to an adequate investigation is most commonly associated with the alleged victim, a recent decision by the Second Circuit Court of Appeals (covering New York, Connecticut, and Vermont) illustrates that an employer' […]
- Third Circuit Clarifies Definition of Management-Level Employee in Harassment Claims June 19, 2009On June 8, 2009, the U.S. Court of Appeals for the Third Circuit handed down a decision that may narrow employers' liability in hostile work environment claims involving co-worker harassment. In Huston v. Procter & Gamble Paper Products Corp., the Third Circuit held that an employee with mere supervisory authority does not qualify as a "managem […]
- Harsh Reminder: Supervisors Need to Respond Promptly and Effectively to Suspected Sexual Harassment. December 18, 2009