Eric Bachman spoke today with ABC News about the employment law implications of President Trump’s recent remarks to four minority Congresswomen that they should “go back” to the “crime infested places from which they came.” ABC news asked Bachman about how President Trump’s statements may be interpreted in an employment case in the private sector. … Continued
Can a false rumor about a woman “sleeping” her way to a promotion give rise to a hostile work environment claim? Yes. On February 8, 2019, the U.S. Court of Appeals for the Fourth Circuit held in Parker v. Reema Consulting Services, Inc. that, where an employer participates in circulating false rumors that a female … Continued
A federal jury awarded over $13 million in damages to a single plaintiff in a sexual harassment/hostile work environment case brought under Title VII and New York State Human Rights Law (NYSHRL). The award, however, is likely to be reduced since the jury awarded more than $11 million for punitive damages under Title VII. Under … Continued
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 recent high-profile sexual harassment claims involving Harvey Weinstein, Bill O’Reilly and Roger Ailes at Fox News, Uber, and elsewhere are timely reminders about the persistent problem of sexual harassment in workplaces around the country. And this harassment infects all industries, from technology and science to Hollywood and the media to farm workers and retail … 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
More than fifty years after Congress passed the Civil Rights Act of 1964, too many workers are denied equal opportunity in the workplace and face egregious harassment and retaliation. For example, nearly 1 out of every 3 women (ages 18-34) experience sexual harassment at work, according to a study. And this study also finds that … Continued
Former Attorney General Eric H. Holder, Jr. recently released portions of his law firm’s report and recommendations to Uber on sexual harassment and lack of diversity problems within the company. Here are five of the recommendations that stand out as novel and innovative. #1: Use a “blind resume” or “blind audition” type of selection process One … 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
