Maryland Senate President: A “Women Only” Commission on Harassment. Really?

Darrell VanDeusen
Darrell VanDeusen
01/12/2018
This from the Baltimore Sun’s Legislative Reporter Erin Cox (who does excellent work reporting from Annapolis) on the first day of the session:  “Senate President Thomas V. Mike Miller said Wednesday that the General Assembly will create a ‘powerful’ new commission to recommend how the legislature should root out sexual harassment in its ranks. “Miller said he and House Speaker Michael E. Busch will create the panel, which Miller said...
read more

Sexual Harassment, Holiday Parties, Handbooks, and other End-of-Year Musings

Kollman & Saucier
Kollman & Saucier
11/29/2017
I do not think a day has passed since Harvey Weinstein's ouster that we don't learn about a new public figure-newscaster-actor-politician-other notable name who has been accused of sexual harassment (or similar behavior) and lost his job.  Today, I woke to news of Matt Lauer's termination from NBC.  A few moments ago I received an email advising that Garrison Keillor has been accused of inappropriate behavior and that Minnesota Public Radio will be...
read more

Sexual Harassment: A Few Words of Advice in the Wake of Weinstein, Spacey, and the Media Frenzy

Kollman & Saucier
Kollman & Saucier
11/03/2017
Over the past few weeks, we have seen, heard and read alot about allegations of sexual harassment against Harvey Weinstein, Kevin Spacey, Mark Halperin, and a number of other high-profile media  and entertainment personalities.  In most of these cases, the allegations involve claims of non-consensual sexual contact, sometimes even rising to the level of rape.  With each day, it seems that more accusers surface, and a Twitter hashtag ("#MeToo")...
read more

Employer Lawfully Fired Employee for Making Harassment Claim

Kollman & Saucier
Kollman & Saucier
06/16/2017
Sex, lies, but no videotape.  A Virginia restaurant was faced with this juicy but difficult harassment investigation involving several current and former employees.  After sorting out the sordid claims, the Fourth Circuit Court of Appeals held that employers who honestly believe, after investigation, that employees have made false harassment complaints are permitted to use their business judgment to discipline or terminate the person who they...
read more

Federal Judge Declares Ending Light Duty Assignment to be Adverse Action

Kollman & Saucier
Kollman & Saucier
01/03/2017
In Cobbs v First Transit Co. et. al., Case No. 6:16-cv-00015 (W.D. Va. Dec. 16, 2016), a federal judge in Lynchburg, Virginia ruled that a bus company took an adverse employment action against an employee by ending her light duty assignment. In so holding, the court ruled that an employee had pled a cause of action for “quid pro quo” sexual harassment under Title VII and denied the defendants’ motion to dismiss. The case involved an employee...
read more

Harassment Doesn’t Come Cheap at COSTCO

Darrell VanDeusen
Darrell VanDeusen
12/29/2016
There were some shocking revelations during the recent campaign cycle suggesting that our President-elect may not have clearly understood the difference between “appropriate’ and “inappropriate” behavior toward women.  Putting aside that oddity, in the decades since the Supreme Court first recognized sexual harassment as a cause of action under Title VII in Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), there has been a heightened...
read more

Court Finds Supervisor's Harassing Behavior To Be Outside the Baselines

Kollman & Saucier
Kollman & Saucier
07/15/2016
As the second half of the Major League Baseball season begins tonight (with thanks to Zach Britton, Matt Wieters, and the rest of the Orioles All-Stars for helping to win World Series home-field advantage for the AL), the First Circuit offered another reminder that baseball doesn't always mix well with the workplace.  Burns v. Johnson, No. 15-1982 (1st Cir. July 11, 2016). Kathleen Burns began working for the Transportation Security Administration...
read more

Employer Response to Same Sex Harassment Complaint Considered Inadequate

Clifford Geiger
Clifford Geiger
02/11/2016
A federal appellate court recently upheld a $300,000 jury verdict in favor of an employee who claimed he was the victim of same sex sexual harassment.  Smith v. Rock-Tenn Servs., Inc., 6th Cir., No. 15-5534 (2/10/16). The plaintiff worked as a support technician for a corrugated box company. Plaintiff claimed that on two occasions,  his co-worker, Jim Leonard, approached Plaintiff from behind and either slapped or grabbed Plaintiff’s butt....
read more

Employer Sued for Harassment Gets Off Despite Comments About Oral Sex

Darrell VanDeusen
Darrell VanDeusen
12/21/2015
Early in my legal career (circa 1986), a female summer associate responding to my inquiry about why she wanted to be a labor and employment lawyer shrugged her shoulders and said: “it’s about the only area of law where you can use the term ‘blow job’ in conversation and it’s not inappropriate.” That memory came back to me a couple of weeks ago when I read of the court’s decision in Garner v. Clearstaff, Inc., 2015 U.S. Dist. LEXIS...
read more

Prompt Investigation Helps Employer Avoid Liability On Harassment Claim

In a recent decision from a Mississippi federal court, Nissan avoided liability on a former employee’s sexual harassment claim because she could not show that her employer acted negligently in responding to her complaints.  Davenport v. Nissan N. Am., Inc., No. 3:14-CV-00671-CWR-LRA (S.D. Miss. Oct. 22, 2015). From August 2012 until January 2014, Joslyne Davenport worked as a production associate at a Nissan manufacturing plant in Canton,...
read more
Email Updates

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Loading