Harassment

Can Rap Music in the Workplace Create a Hostile Work Environment?
October 27, 2022
Is the playing of obscene and misogynistic rap music in the workplace discriminatory on the basis of sex if it offends women?  A former Tesla employee has asked the U.S. District Court for Nevada to answer “yes” to that question
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Extraordinary Workplace Misconduct: The Case of the Somnambulant Sales Rep
August 12, 2022
Should an employee who, while at a convention, knocks on a coworker’s hotel room door, enters, then heads to the coworker’s bed wearing nothing but a robe be fired, even if the employee claims to have been sleepwalking at the time?
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Chicago Employers Get Ready: New Harassment and Bystander Training Obligations Among Key Changes to Chicago Human Rights Ordinance
June 3, 2022
On April 27, 2022, the Chicago City Council approved several substantive amendments to the sexual harassment provisions of the Chicago Human Rights Ordinance. The key changes implemented by the City Council are outlined here.
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Massachusetts: No, a request for a severance package is not a resignation. Yes, non-supervisory sexual harassment claim can be defeated by adequate investigation.
March 24, 2022
What counts as a resignation in Massachusetts? Under what circumstances might a resignation not actually be a resignation at all?
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Congress Passes Bipartisan Legislation Amending the Federal Arbitration Act as it Relates to Sexual Harassment or Sexual Assault Claims
February 22, 2022
In a showing of bipartisan unity, the United States Senate passed H.R. 4445 on a voice vote Thursday, February 10, 2022. Senate passage means the bill will be sent to President Joe Biden for signature into law, likely within the next few weeks.
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New Law Lets Sexual Harassment Claimants Get Out of Arbitration Agreements
February 10, 2022
A new federal law allows employees to avoid arbitration agreements with respect to sexual harassment or sexual assault claims.
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Employers – Do Not Ignore Confederate Flag Sightings in the Workplace!
October 20, 2021
In Moore v. Conn. Dept. of Corrections, a federal court judge recently denied an employer’s efforts to have an employee’s hostile work environment claim thrown out. The employee alleged that she walked past another employee’s Confederate flag license plate at least 100 times when entering and exiting the workplace.
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Ontario: Extraordinary Circumstances call for Extraordinary Remedies
March 9, 2021
In Caplan v Atas, 2021 ONSC 670 (“Caplan”), following a series of protracted, abhorrent campaigns of harassment and defamation committed by the defendant, the Ontario Superior Court of Justice (the “Court”) expanded the common law in Ontario by recognizing a new tort: harassment in online communications.
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What Is Fragmentation of Harassment Claims? The EEOC Speaks
February 25, 2021
In my spare time (which has been limited during the pandemic, given the whirlwind of COVID-19-related legal developments), I like to peruse the Equal Employment Opportunity Commission’s quarterly Digest of Equal Employment Opportunity Law.
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Illinois: Employers Await Guidance on Workplace Transparency Act Reporting as July 1 Deadline Approaches
June 18, 2020
Last summer, Illinois adopted sweeping anti-harassment legislation including a new law known as the Workplace Transparency Act.
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Illinois Department of Human Rights Issues Guidance on Anti-Harassment Training
February 3, 2020
In 2019, the Illinois General Assembly enacted, and Governor Pritzker signed into law, P.A. 101-0221, containing sweeping new measures to combat workplace harassment.
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Sexual Harassment Allegation Leads to Employer Discrimination Against Accused
November 21, 2019
When greeted with allegations of sexual harassment, any employer is understandably concerned. When those allegations are against a man in a position of power, that concern tends to be elevated.
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