Category Archives: Harassment

Faragher-Ellerth, #MeToo, and the Court of Public Opinion

Last week, the Third Circuit released an opinion in Minarsky v. Susquehanna County, et al., in which it reversed the district court’s award of summary judgment to Susquehanna County and remanded the case for a jury trial on the merits.  What is significant about this opinion is the impact that the #MeToo movement has seemingly had on the decision.  In a page-long footnote, the Court discusses the #MeToo movement, the pervasiveness of sexual harassment in the workplace, and comments on why sexual harassment victims may not, even with proper mechanisms in place, reasonably be willing to report harassment. Read More »

IN PENNSYLVANIA, OFF-COLOR COMMENTS MAY CREATE MORE LIABILITY THAN A SEXUAL HARASSMENT CLAIM

Despite the “#MeToo” Movement, it’s still not uncommon for workers to make comments concerning a co-worker’s sexual practices. Nor is it uncommon for employers to successfully defeat sexual harassment claims based on such conduct by citing the well-established case law that discrimination statutes do not mandate a pristine work environment – shop-talk is not actionable.  Read More »

ANTI-DISCRIMINATION LAWS STILL NOT CONSIDERED CODES OF “GENERAL CIVILITY”

California’s intermediate appellate state court recently ruled in Terris v. County of Santa Barbara that a county employee failed to demonstrate that alleged vulgar, derogatory remarks about homosexuals made by her former employer’s CEO were connected to her termination of employment.  As a result, the court upheld summary judgment in favor of the employer and against the former employee in her wrongful termination action.  Read More »

SEXUAL ORIENTATION DISCRIMINATION UNDER TITLE VII RECOGNIZED IN WESTERN DISTRICT OF PENNSYLVANIA SUIT

The area of LGBT rights in the workplace has garnered a great deal of attention in recent years as a split has grown among the courts and among federal agencies as to whether Title VII prohibits sexual orientation discrimination. Under the Obama Administration, the Department of Justice argued that Title VII’s prohibition on sex discrimination also included sexual orientation and gender identity.  Recently, however, the Trump Administration’s Department of Justice filed an appellate brief in the Court of Appeals for the Second Circuit in which it argued that Title VII does not apply to sexual orientation. Read More »

START OFF THE NEW YEAR WITH A BANG (NOT A BUST)!

It goes without saying that the New Year is a time for fresh starts in life, and the same is true for management of your workplace. The New Year is a great time for getting on, or staying on, the right track and making your workplace one that is productive and safe.  Read More »

CONGRESS MAY BAN ARBITRATION OF GENDER HARASSMENT AND DISCRIMINATION CLAIMS

Over the past several months, allegations of sexual misconduct have dominated headlines in all walks of celebrity life – including Hollywood, national newsrooms, business boardrooms, and even the halls of Congress. These revelations of widespread harassment have fueled the rise of the “#metoo” movement, which strives to raise the curtain on the pervasiveness of sexual harassment and assault in both the workplace and everyday life.  Indeed, Time Magazine has collectively named “The Silence Breakers” as its 2017 Person of the Year.  In many cases, and as is common in the American workplace, accusers of the alleged perpetrators now in the news had been required to sign agreements requiring arbitration of any employment-related disputes. Read More »

EEOC INQUIRY – JUST A CLICK AWAY

The U.S. Equal Employment Opportunity Commission (“EEOC”) is the government agency tasked with the responsibility to enforce the federal laws prohibiting discrimination in all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. Typically, the first steps for individuals seeking to file a charge of discrimination with the EEOC are an initial inquiry and intake interview. These first steps are now made easier through the recently launched EEOC Public Portal.  The EEOC Public Portal was piloted in five U.S. cities – Charlotte, Chicago, New Orleans, Phoenix, and Seattle – for six months before it was made available nationwide on November 1, 2017. Read More »

MCKINNEY V. G4S GOVERNMENT SOLUTIONS, INC.: HOSTILE WORK ENVIRONMENT CLAIM REJECTED FOR FAILURE TO REPORT

The United States Court of Appeals for the Fourth Circuit recently affirmed summary judgment in favor of the employer in a case involving an allegation of a racially hostile work environment, which was supported by shocking evidence, including racial slurs, a noose, and even a KKK-style hood. Read on to learn how this employer has – so far* – escaped liability in the face of such egregious evidence.    Read More »

DON’T GET CAUGHT WITH YOUR PANTS DOWN AMIDST THE #METOO MOVEMENT

Without a doubt sexual harassment has always been a serious issue for employers. Given the recent headlines relating to celebrities such as Harvey Weinstein, Kevin Spacey, Bill O’Reilly, and others, sexual harassment is now front and center in the consciousness of the American public in ways that it was not just a short time ago.  After the Harvey Weinstein scandal hit the news, Actress Alyssa Milano took to Twitter and posted the following tweet:  “If all the women who have been sexually harassed or assaulted wrote ‘Me too’ as a status we might give people a sense of the magnitude of the problem.”  Her tweet caught fire and “#metoo” peppers all vehicles of social media.  In fact, CBS News reported that more than 45% of U.S. Facebook users had friends who posted #metoo. Read More »