By: Heather Kofron
In a matter of first impression, the Fourth Circuit
recently found in EEOC v. Cromer Food Services, Inc., that the employer had
actual or constructive knowledge of harassment of its employee by one of its
biggest clients and that the employer failed to take corrective action...
by Vanessa L. Goddard
heard the expression "The best defense is a good offense." Well, this is
very true in the world of harassment law. For our devoted readers of this
blog, we know this is preaching to the choir, but it never hurts to make a
quick check of your policies...
By now, you've likely read or heard about the disturbing
sexual abuse scandal involving Jerry Sandusky, Penn State's former defensive
coordinator, and the decades-long cover-up perpetrated by the university to
protect its storied football program. Of all of the allegations, however, the
EEOC v. Management Hospitality of Racine, Inc. (7th Cir.
1/9/12) [ an enhanced version of this opinion is available to lexis.com subscribers ]
concerns some of the worst allegations of sexual harassment you will encounter,
especially when you consider that the complaining employees were both teenagers...
The New Jersey Law Against Discrimination, N.J.S.A. §§ 10:5-1 - 10:5-30 (the "NJLAD"), prohibits employers, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, sexual orientation, genetic information,...
If an employee complains that her supervisor is sexting her, making unwelcome physical contact, and telling her that she can get a better work schedule in exchange for "small favors," you better damn well investigate that!
Ignore it and you risk losing a valuable defense to sexual harassment...
Last week , I discussed the 6th Circuit's most recent pronouncement on same-sex harassment. I noted that while some would argue the Court's dismissal of the harassment claim is evidence of the need for law against workplace bullying, in reality the Court's dismissal of the retaliation claim...
Yesterday, I read an article entitled, Companies Should Think Twice Before Creating Social Media Policy , which argued that "companies who scrutinize their employees' personal accounts and social media activity may be doing more harm than good." Yet, companies that ignore employees'...
Note: Case links below are accessible by
Vance v. Ball State University (lexis.com subscribers may access Supreme Court briefs for this case ) addresses an
issue that has split the federal appellate courts in harassment cases: who is a
The Equal Employment Opportunity Commission issued yesterday its draft Strategic Enforcement Plan . If you don't have time to slog through all the introductory material, you won't miss a thing if you skip right to Section III (Priorities). The agency proposes that its priorities will be
It's here! The new SCOTUS season kicks off today! Let's see what kind of employment law goodies the Court has in store for us (in order of my personal preference): Supervisor Liability In Vance v. Ball State University, the Supreme Court will determine who counts as a supervisor in harassment...
All right, kiddies. My posts over the last few weeks have been juicy and entertaining. (Or as juicy and entertaining as employment law can get.) But summer is over, and it's time to buckle down.
The Supreme Court of the United States (aka "SCOTUS") began its new term this past Monday...
It's a well-known fact that good-looking people have a better chance of being hired and promoted , and make more money, than less good-looking people. At least, as long as you're not too hot . Generally, there isn't much you can do about it if your opportunities are limited by male pattern...
After Tuesday night's rather -- intense -- Presidential debate , it was fun to watch Gov. Romney and President Obama good-naturedly tease each other at the Al Smith Memorial Foundation Dinner to benefit Catholic Charities of New York. With two and a half weeks to go until election day ( November...
The Congressional Office of Compliance recently published
that shows that the number of harassment and discrimination complaints by
Congressional employees has increased over the past five years. The report,
entitled "State of the Congressional Workplace," sought to determine...
WASHINGTON, D.C. - (Mealey's) The "supervisor" liability
rule established in Faragher v. City of Boca Raton (524 U.S. 775 )
and Burlington Indus., Inc. v. Ellerth (524 U.S. 742 ) should
apply to harassment by supervisors even if they have no power to "hire, fire,
On Monday, the Supreme Court heard oral argument in one
of the key employment cases it will hear this term- Vance v. Ball St. Univ. This
case asks whether one can qualify as a supervisor under Title VII if one is
given any authority to direct and oversee another's daily work, or if
I will wait to draft the detailed post once the Supreme
Court has actually ruled, but for those who are following SCOTUS oral
arguments, one of the big employment cases of this term was heard on Nov. 25.
Here is what you need to know about Vance v. Ball State :
The issue is whether the "supervisor"...
The recent reinstatement of a $3.5 million award of
punitive damages by the United States Court of Appeals for the Seventh Circuit
highlighted the importance of responding promptly, thoroughly and fairly to
employee complaints of harassment, even where the harassers are unknown.
It also serves as...
WASHINGTON, D.C. - (Mealey's) An employer is vicariously
liable for an employee's harassment only if that employee is given the power by
the employer "to take tangible employment actions against the victim," a split
U.S. Supreme Court ruled June 24, rejecting the Equal Employment...
In its prologue to yesterday's Supreme Court opinion in Vance v. Ball. St. Univ. [pdf] [ an enhanced version of this opinion is available to lexis.com
subscribers ], Justice Alito, writing for the five-member majority,
frames the importance of the issue facing the Court:
Under Title VII, an...