Harassment
Employers Take Note: Harassment Will Soon Have a Broader Meaning with the EEOC
The U.S. Equal Employment Opportunity Commission (“EEOC”) published proposed enforcement guidance for workplace harassment for public comment on October 2, 2023. The proposed guidance can be found on the EEOC’s website. While the EEOC attempted to provide updated harassment guidance under the Trump administration in 2017, final guidance was never issued and if this new…
Read MoreBehavioral Misconduct Investigations: Key Challenges and How To Minimize Reputational Impact
Rarely a day goes by without at least one report of workplace misconduct hitting the headlines globally. In a post-#MeToo era, there is an ever-increasing focus from society on how organizations respond to and deal with allegations of abuse and harassment. In the last few months alone, a vast number of organizations have been the…
Read MoreGeneral Complaints By Other Employees Do Not Necessarily Provide Constructive Notice of Harassment
Although the employee argued that the employer should have known that she was being sexually harassed based on complaints by other employees, the U.S. Court of Appeals for the Tenth Circuit found that such complaints were not sufficiently similar or close in time to trigger liability for the employer. Moreover, the employer had no duty…
Read MoreA Poor Performance Review Does Not Create a Hostile Work Environment
In a common-sense ruling, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of an employee’s hostile work environment (HWE) harassment claim that was based, in part, on a poor performance review. Under Title VII, HWE harassment consists of multiple acts over a period of time that are so severe or pervasive…
Read MoreWorkplace Violence: An Unfortunate Reality – Are You Prepared?
Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the actual experience of, murder in their own offices, factories and schools. What steps should an employer take to keep…
Read MoreThe Speak Out Act: What Employers Need to Know
Employers should be aware of and immediately take measures to comply with the Speak Out Act, which took effect on December 7, 2022. The Act prohibits nondisclosure agreements (NDAs) and nondisparagement agreements designed to prevent current and former employees from discussing sexual harassment and assault. Employers routinely require employees to sign NDAs and nondisparagement agreements…
Read MorePros and Cons About Zero Tolerance Policies
Recently, a white employee was fired under a company’s zero-tolerance policy when he was overheard discussing a rap artist on a company phone. In another incident, a school security guard in Madison, Wisconsin, who was Black, was fired under the school district’s zero tolerance policy when he objected to a student referring to him using…
Read MoreEEOC Announces Enforcement Priorities for 2023-2027
On Tuesday January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) publicly released its Draft Strategic Enforcement Plan (“SEP”) for fiscal years 2023-2027. The SEP describes the EEOC’s top enforcement priorities, making it critical information for employers around the country. The Draft SEP sets out the EEOC’s six subject matter priorities for fiscal years 2023-2027:…
Read MoreThe EEOC Proposes Detailed New Enforcement Priorities For 2023-2027
On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how” it would pursue its enforcement goals. The Strategic Enforcement Plan, on the other hand,…
Read MoreRetaliation Mistake Leads to a Costly Payout
Race discrimination is bad enough, but an Oklahoma-based company recently learned the hard way that adding a retaliation mistake on top of that can lead to hefty settlements. American Piping Inspection, Inc. has agreed to pay $250,000 to settle a race-based discrimination and retaliation lawsuit filed by the EEOC on behalf of a Black employee…
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