Law 360 spoke with Eric Bachman and other employment attorneys about key steps that corporate and other employers should take to help prevent sexual harassment in 2018. Here are five important takeaways: Tone at the top is vital To institute a truly effective anti-harassment policy, the senior executives and managers at the company must buy … Continued
The Eighth Circuit Court of Appeals decided earlier this year that, although an employee was subjected to “morally repulsive” comments — like being called a “camel jockey” and “sand ni**er” — he had not suffered a hostile work environment under Title VII of the 1964 Civil Rights Act. The plaintiff recently filed an appeal with … Continued
Lawyers occasionally refer to a “constructive discharge” claim when talking about an employee who has involuntarily resigned from their job. Sometimes it’s referred to as constructive termination, constructive dismissal, or constructive discharge. But it all boils down to a basic question: were your working conditions so unbearable that you had no other choice but to quit … Continued
When the media report on workplace sexual harassment issues, they sometimes refer to “quid pro quo” discrimination. While the approximate translation is “something for something” or “this for that,” a recent federal appellate decision, Jones v. Needham, No. 16-6156, 2017 WL 1959972 (10th Cir. May 12, 2017), sheds additional light on the legal framework of a … Continued
A federal appellate court ruled yesterday that a Muslim employee of Astoria Bank who was allegedly subjected to a “steady barrage” of shameful racist and anti-Muslim statements should be allowed to present her hostile work environment claim to a jury. Ahmed v Astoria Bank, No. 16-1389 (2d. Cir. May 9, 2017). Among other things, a senior … Continued
In a complaint filed yesterday in federal court, the Attorney General of Washington alleged that an agricultural company allowed extreme unlawful sexual harassment against its female employees. Indeed, the lawsuit claims that “sexual harassment of female farm workers is an occupational hazard….” According to the Washington Attorney General’s investigation, the sexual harassment violated Title VII of the 1964 … Continued
Yesterday, the Second Circuit Court of Appeals ruled that a supervisor allegedly calling an employee, “You fucking nigger,” could, without more, be enough to establish a hostile work environment under Title VII. Daniel v. T&M Protection Resources, LLC, No. 15-560-cv, 2017 WL 1476598 (2d Cir. April 25, 2017). The Second Circuit ruled that a federal … Continued
