Tag: Hostile Work Environment

Proposed Harassment Guidance Broadens Employers’ Obligations Under EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The guidance incorporates updates reflecting current case law governing workplace harassment and addresses the proliferation of digital technology and how social media postings and other off-work […]

Lizzo Lawsuit Shows Employers ‘It’s About Damn Time’ They Train Their Managers

Recently, one of my favorite artists, Lizzo, made headlines when three of her backup dancers filed a lawsuit in Los Angeles Superior Court against her, her tour company (Big Grrrl Big Touring Inc.), and her dance team captain. There are various allegations in this lawsuit, but I want to focus on the sexual harassment/hostile work […]

Case Study: Why Employers Need to Address Harassment Complaints Promptly

After a medical clinic employee reported harassment, she said she didn’t want her alleged harasser “approached about his behavior specifically directed towards [her].” As a result, the lower court determined the employer was excused from failing to address the conduct right away, especially since it did take prompt action once the harassment turned physical. On […]

Case Study: Can Employers Be Liable for Customers’ Behavior?

Typically, harassment claims involve allegations that an individual has been harassed by a coworker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against potential harassment by non-employees as well. Cornered at the Beer Tub Laura Wong worked as a beverage server at Rivers Casino in Des Plaines, Illinois. […]

Employee Fails to Connect Racial Acts to Adverse Action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]

Case Study: Employee Fails to Connect Racial Acts to Adverse Action

A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]

5th Circuit: One Racial Slur Is Enough to Win Lawsuit

After years of dithering, the U.S. 5th Circuit Court of Appeals (which covers Texas) recently decided a single racial slur (one in particular) standing alone can create an unlawful hostile work environment entitling the employee to mental anguish and punitive damages and an award of fees to the person’s lawyer. Read on.

Appellate Division Upholds Employer Requests, Not Commands, to Keep Probes Confidential

An investigator’s request for confidentiality in a discrimination or harassment probe is valid and doesn’t violate an employee’s right to free speech or the New Jersey Law Against Discrimination (NJLAD), the Appellate Division recently ruled. In the February 28 decision, the court rejected a former employee’s attempt to invalidate a state Civil Service Commission (CSC) […]

$136.9M Judgment vs. Tesla Underscores Rising Costs of Joint Employer Relationships

After less than four hours of deliberation, a jury in a California federal court recently awarded $136.9 million to a former Tesla subcontractor after finding he had been subjected to a racially hostile work environment at the company’s factory in the northern part of the state. The huge damages award demonstrates the potential dangers underlying […]