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Sexual Harassment

NLRB Reverses Course on Legality of Investigation Gag Orders

Employers have a legitimate interest in investigating allegations of employee misconduct.  It seems obvious that a certain amount of confidentiality is required to maintain the integrity of those workplace investigations.  Otherwise, investigations may be hindered.  Parties may be coached or discuss ahead of time what they will say, accusers may openly discuss complaints and try […]

Supervisor’s Hugs & Kisses Were Assault & Battery, Were Not Harassment Under Title VII

A federal court in Virginia recently found that a former employee of the Department of Veterans Services (DVS) presented enough evidence that her supervisor’s hugs and kisses comprised an assault and battery against her, but not enough to establish sexual harassment or hostile work environment under Title VII.  Back v. Commonwealth of Virginia, et al., […]

Transgender Employee Succeeds on Hostile Work Environment Claim

Although the Supreme Court has yet to opine on the issue, many jurisdictions interpret Title VII as encompassing discrimination because of gender identity (and/or sexual orientation) as discrimination because of sex. Such was the case for a former transgender corrections officer for the Arizona Department of Corrections (“ADOC”).  John Doe v. State of Arizona, No. […]

Some Fun Facts About The EEOC’s 2018 Charge Data

The EEOC released its 2018 charge statistics earlier this week.  Here are three key pieces of information to consider: Charge filings have decreased.  In 2018, the EEOC processed 76,418 charges, which represents more than a 9% decrease from 2017, a nearly 17% decrease from 2016, and a 23.5% decreased from the all-time high year of […]

Marital Association Claim Nixed By Eighth Circuit

As most of us know, the First Amendment protects “freedom of association,” among the various protections it offers.   And, what could be much more associational than marriage?  Courts refer to that as “intimate association.”   The constitutional right to intimate association protects the formation and preservation of certain kinds of highly personal relationships, thereby restricting governmental […]

New York City Mandatory Sexual Harassment Training Law Set to take Effect April 1st

Pursuant to the Stop Sexual Harassment in New York City Act, employers with 15 or more employees must conduct annual interactive sexual harassment training starting April 1, 2019.  To help employers determine training obligations under the Act, the New York City Commission on Human Rights has issued a Frequently Asked Questions (FAQs)document.  A summary is […]

Lactating KFC Employee Able To Use Denial Of Proper Place To Express Milk As Evidence In Her Sex Harassment Claims

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for her nursing child for up to one year after the child’s birth.  Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from […]

Rumors About Sleeping With Her Boss Nets One Employee A Viable Sexual Harassment Claim

In today’s #MeToo age, it is hard not to know that sexual harassment is wrong and illegal.  This recent case of unlawful sexual harassment comes with an admittedly unexpected lens.  Rumors that a female employee is “sleeping her way to the top” is the latest version of prohibited sexual harassment in workplace.  While endless movies, […]