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Showing 23 posts in Sexual Harassment.

In Florida, One-Event Sexual Advance at a Non-Work Sponsored Party Can Support Sexual Harassment and Retaliation Claims

Florida’s Fourth District Court of Appeal recently decided two questions of first impression under Florida law: (1) whether a one-event sexual advance at a private, non-work sponsored party may support sexual harassment and retaliation claims, and (2) whether rejecting a supervisor’s sexual advance is protected “opposition.” The court answered both questions “yes.” More ›

Second Circuit Declares Sexual Orientation Discrimination is Sex Discrimination under Title VII

Acknowledging the “changing legal landscape” surrounding Title VII protections against discrimination, the Second Circuit overturned prior precedent and held sexual orientation is discrimination because of sex. The Second Circuit, sitting en banc in Zarda v. Altitude Express, Inc., examined the issue “from the perspective of sex stereotyping,” and unequivocally concluded that “sexual orientation discrimination is predicated on assumptions about how persons of a certain sex can or should be,” which is “an impermissible basis for adverse employment actions.” In Zarda, a deceased skydiving instructor was allegedly fired for disclosing his sexual orientation to a client and not conforming to the “straight male macho stereotype.” More ›

The 12 days of California Labor & Employment Series – Day 12 "Sexual Harassment Training Requirements Expanded for Farm Contractors"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the twelfth day of Christmas, my Labor and Employment attorney gave to me – twelve lords a leaping and SB 295. More ›

The 12 days of California Labor & Employment Series – Day 4 "Domestic Violence, Sexual Assault and Stalking"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the fourth day of Christmas, my Labor and Employment attorney gave to me – four calling birds and AB 2337. More ›

The 12 days of California Labor & Employment Series – Day 3 "Transgender Work Opportunity Act"

It's the end of the year and while everyone is busy, employers in California should be aware of new laws and regulations that go into effect on January 1, 2018. In the spirit of the season, we are using the next "12 days of the holidays" to blog about one California law a day and that law's impact on California employers. On the Third Day of Christmas, my Labor and Employment attorney gave to me – three French hens and SB 396. More ›

Illinois Law Requires Quick Action on Sexual Harassment Policies for Units of Local Government

In light of the recent spotlight in entertainment, government, media, and the law regarding unlawful harassment in the workplace, the Illinois legislature has recently taken action to ensure local governments have a handle on the problem. On November 16, 2017, the General Assembly passed Public Act 100-0554, which amends the Illinois State Officials and Employees Ethics Act and the Illinois Human Rights Act. The law prohibits sexual harassment and requires various state government and local governments to implement sexual harassment-related policies. More ›

Employee's Emotional Distress Claim Not Pre-empted but Not Actionable Emotional Distress Either

The United States Court of Appeals for the 7th Circuit recently addressed whether common law tort claims arising during the employment relationship are pre-empted by the Illinois Human Rights Act simply because they share similar fact patterns to claims of discrimination or harassment in Richards v. U.S. Steel. The answer is no. More ›

EEOC Seeks Public Input on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC issued Proposed Enforcement Guidance on Unlawful Harassment on January 10, 2017. It is designed to consolidate numerous agency guidelines into one document and addresses hostile work environment harassment prohibited by statutes enforced by the EEOC. The Guidance examines three primary elements of a harassment claim. First, is the conduct based on a legally protected status; second, is the conduct sufficiently severe or pervasive to create a hostile work environment; and third, is there a basis for employer liability. The 75-page treatise covers key case law since the Supreme Court first recognized harassment as an actionable form of discrimination in 1986. More ›

The Writing is on the Wall, Yet Seventh Circuit Holds Sexual Orientation Is Not a Protected Class Under Title VII

Earlier this week, the Seventh Circuit Court of Appeals held in Hively v. Ivy Tech Community College that Title VII does not protect employees or offer redress for discrimination based on sexual orientation.  As a result, discrimination against an employee based solely on sexual orientation is not prohibited by federal law, while discrimination against an employee based on gender non-conformity claims is prohibited. More ›

DOL Updates Federal Contractor Regulations Prohibiting Sex Discrimination for First Time Since 1970

On Tuesday, the U.S. Department of Labor announced a final rule to expand sex discrimination guidelines for federal contractors and subcontractors. The final rule updates—for the first time in over 40 years—the Office of Federal Contract Compliance Programs' sex discrimination regulations to align them with current interpretations of Title VII of the Civil Rights Act of 1964 and the realities of today's diverse workforce. More ›

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