For a number of years, going back at least to the 1960s, the conventional wisdom about the U.S. 4th Circuit Court of Appeals (whose rulings apply to South Carolina employers) was that its decisions in employment cases tended to be mostly conservative and favor employers, according to some observers. Despite its "business- friendly" reputation,...
Most employers have policies prohibiting harassment. If your supervisors and employees are not trained on your policies and harassment occurs, your organization could face significant liability.
Bailiff alleges sexual harassment by supervisor
Camille Kramer was employed as a jailor and bailiff by the Wasatch County (Utah) Sheriff's Department...
Penn State University put the issue of sexual harassment and abuse back in the news. What are your obligations when the individual being harassed isn't an employee but a member of the public? While it's an issue employers deal with less frequently than the harassment of employees, you have an obligation to protect the public from discriminatory...
Recall that in a sexual harassment case (or any harassment case for that matter), it's important to know whether the harassing employee is a supervisor or a coworker. The U.S. Supreme Court decided how to resolve that issue last year, and a Texas appeals court recently applied the Supreme Court's ruling. In this case, the issue was resolved in...
EEOC sees record year for monetary recovery. The Equal Employment Opportunity Commission (EEOC) has released data for the 2013 fiscal year showing that the agency obtained the highest monetary recovery in agency history — $372.1 million. During the fiscal year, which ran from October 1, 2012, to September 30, 2013, the agency handled 93,727...
Statistics recently released by the Hawaii Civil Rights Commission (HCRC) for fiscal year (FY) 2013 show a dramatic increase in the number of sex discrimination complaints filed by employees. The commission's annual report also shows that the length of time it takes to investigate a charge has increased tremendously.
Sex bias claims surpass...
You're fired! The California Court of Appeal for the 2nd District recently found that an employer cannot label a termination a "constructive discharge" to avoid paying an employee unemployment benefits. The court clarified that an employee is constructively discharged (and therefore effectively quits) only in very limited circumstances. Employers...
The U.S. 8th Circuit Court of Appeals (whose rulings apply to Arkansas employers) recently held that an employee failed to satisfy all the elements required to prove her claims of sexual discrimination, hostile work environment, constructive discharge, and retaliation.
Facts
Loretta Rester worked as a graphic designer at the Hot Springs...
The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Minnesota employers) recently held that a supervisor's loud and abrasive behavior toward an employee couldn't support the employee's claims for sex discrimination, hostile work environment, constructive discharge, and retaliation because she wasn't terminated or demoted and there...
Courts recognize two distinct types of sexual harassment claims under Title VII of the Civil Rights Act of 1964 and the Missouri Human Rights Act: quid pro quo and hostile environment. "Quid pro quo" harassment describes a claim that a supervisor or manager demanded sexual favors in exchange for job benefits and took tangible employment action (...
