Maryland Employers Required to Report Sex Harassment Settlements By July 1st

Kollman & Saucier
Kollman & Saucier
06/06/2020
n May 2018, my colleague Randi Hyatt posted about the “Disclosing Sexual Harassment in the Workplace Act of 2018” (“Act”).  The Act went into effect on October 1, 2018 and has a sunset provision for June 30, 2023.  The Act established the requirement for employers with at least 50 employees (at all locations, not exclusively working in Maryland) to submit a survey to the Maryland Commission on Civil Rights (“MCCR”) regarding...
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NLRB Reverses Course on Legality of Investigation Gag Orders

Clifford Geiger
Clifford Geiger
12/19/2019
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 to influence others to provide corroboration, employees...
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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., No. 7:17-cv-00477 (W.D. Va. 11/27/19). Back worked as a Veterans Services Representative...
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Transgender Employee Succeeds on Hostile Work Environment Claim

Kollman & Saucier
Kollman & Saucier
07/12/2019
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. CV-18-00384-PHX-GMS (D. Ariz. 7/8/19). Mr. John Doe, a transgender male,...
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Southern District of New York Sends Sexual Harassment Claim To Arbitration

Vincent Jackson
Vincent Jackson
07/01/2019
A trial judge in the Southern District of New York found that a sexual harassment claim was subject to a mandatory arbitration clause, even though a New York law recently enacted in the wake of the #MeToo movement nullified agreements to arbitrate sexual harassment claims. Latif v. Morgan Stanley, et al., 18-cv-11528-DLC (S.D.N.Y. June 26, 2019). In Latif, a male employee of Morgan Stanley alleged in his federal court complaint that he was sexually...
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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 charge filings in 2010 (99,922 charges).   Because charge filings tend to flow with the relative strength of the...
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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 intrusion and interference. A recent...
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New York City Mandatory Sexual Harassment Training Law Set to take Effect April 1st

Bernadette Hunton
Bernadette Hunton
02/26/2019
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 provided below: Employer Coverage Employers with 15 or more employees in the previous...
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Employer Escapes Liability For Customer Sexual Harassment Of Employee

Kollman & Saucier
Kollman & Saucier
02/22/2019
Earlier this week, a federal court in Oklahoma found that a former delivery driver for an auto parts store could not succeed on her sexual harassment claim based on a store customer’s conduct.  Paden v. O’Reilly Auto. Stores, Inc., No. 4:2017-cv-00621 (N.D. Okla. Feb. 19, 2019). Paden began delivering auto parts for O’Reilly in March 2015.  When Paden met Henry, a delivery customer, harassment ensued.  Henry stated, “I can...
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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 coworkers and the public, which may be used by an employee to express breast milk.  While a potential violation of the FLSA...
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