Sexual Harassment Archives - Page 5 of 6

Touching in the “Crotch Area” Only A Few Times Doesn’t Create a Hostile Work Environment

Kollman & Saucier

06/30/2015

The Eighth Circuit Court of Appeals held that a female African American travelling phlebotomist’s claims of hostile work environment, constructive discharge, and retaliation for allegedly failing to adequately mitigate sexual and racial harassment by a nursing home patient were properly dismissed. The patient’s conduct was not so severe that it rose to the level of actionable hostile work environment sexual harassment. Likewise, the employee...

Kollman & Saucier

12/09/2014

Sexual Harassment

As many of you know, the University of Virginia plays an important role in my life. I met my wife while in school there, got married at the UVa Chapel, hold two degrees from Mr. Jefferson's University, and have a daughter who is part of the Class of 2017. Needless to say, I have followed the Rolling Stone story on an alleged rape at a University of Virginia fraternity very closely. This sad debacle teaches some good lessons that every lawyer and...

Kollman & Saucier

05/05/2014

Employer Liability, Employment Discrimination, Sexual Harassment

In a significant ruling for employers everywhere, and particularly those in the Fourth Circuit, which includes Maryland, Virginia, West Virginia, North Carolina and South Carolina, the Fourth Circuit just held that a black female who was subjected to offensive conduct by a customer should have her Title VII harassment claims decided by a jury. With its decision in Freeman v. Dal-Tile Corp., No. 13-1481 (4th Cir. April 29, 2014), the Fourth Circuit...

Kollman & Saucier

02/18/2014

Employment Discrimination, Sexual Harassment

Employers are very familiar with the legal requirement and legal advice to take prompt action to investigate and respond properly to complaints of workplace harassment. In a recent decision issued from the federal district court in Arizona last week, Safeway's prompt and effective handling of a teen-aged cashier's complaint of sexual harassment precluded a liability finding against the supermarket chain. In McCormack v. Safeway Stores, Inc., No....

Kollman & Saucier

01/02/2014

Employment Discrimination, Sexual Harassment

Just prior to Christmas, the United States District Court for the District of Maryland denied in part a motion to dismiss filed by Ledo’s Pizza & Pasta and permitted a 16 year old plaintiff to move forward on her sexual harassment claims, but not her claims of disparate treatment and national origin discrimination. Lopez v. BMA Corp., No. DKC 13-2406, 2013 BL 354687 (D. Md. Dec. 24, 2013). Plaintiff Rosa Lopez filed suit as parent and...

Kollman & Saucier

11/26/2013

Retaliation, Sexual Harassment

Accusations of coworkers repeatedly “sniffing and hovering.” An employee terminated allegedly because she slammed a door and “swatted a fly harder than necessary.” Sounds like a great place to work, doesn’t it? This is the alleged work environment in a recent lawsuit decided by the United States Court of Appeals for the Fifth Circuit. Royal v. CCC&R Tres Arboles, LLC, No. 12-11022 (5th Cir. Nov. 21, 2013). Tonia Royal worked as...

Kollman & Saucier

11/25/2013

Sexual Harassment

Is a correctional facility where inmates (but not employees) openly display sexually suggestive materials in violation of the facility’s policies a hostile work environment for a correctional officer? No, according to a November 20, 2013 ruling by the Eastern District of California. Daniels v. Cal. Dep’t of Corr. & Rehab., No. 2:10-cv-00003-MCE-AC (E.D. Cal. Nov. 20, 2013). The plaintiff in the lawsuit, Maria Aguilar, worked for the...

Kollman & Saucier

10/23/2013

Employment Discrimination, Sexual Harassment

On October 16, 2013, a federal court in Alabama dismissed a sex discrimination claim brought by a female manager who alleged she was unfairly disciplined for sexual harassment while her male co-workers were allowed to get away with such behavior. Meyer v. Lincare, Inc. (M.D. Ala. 10/16/13). The court found that there was no evidence of disparate treatment because the male comparator she identified was not a manager, nor had he engaged in...

Kollman & Saucier

07/19/2013

Employment Discrimination, Sexual Harassment, State Law

A federal district court in California recently held that a male state investigator teased for wearing “girly” clothes stated a claim of sex-based harassment in violation of Title VII and California’s Fair Employment and Housing Act. Felix v. Calif. Dep’t of Developmental Servs., No. 1:13-cv-00561 (E.D. Cal. July 12, 2013). Robert Felix worked as a special investigator at a California state agency. In April 2013, Felix and his fellow...

Kollman & Saucier

06/05/2013

Sexual Harassment

The Fourth Circuit recently dismissed the sexual harassment claim of an employee who brought a vague complaint of “horrible” conduct to her human resources department, but refused to cooperate in her employer’s efforts to investigate. Crockett v. Mission Hosp. Inc., No. 12-1910 (4th Cir. May 30, 2013). Stephanie Crockett worked for Mission Hospital as a radiologic technologist. Her supervisor, Harry Kemp, issued her a final warning for...

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Touching in the “Crotch Area” Only A Few Times Doesn’t Create a Hostile Work Environment

Thoughts on Rolling Stone, UVa, and Conducting a Proper Investigation

Employer Responsible For Customer Harassment Of Its Employee

Prompt Handling Of Sex Harassment Complaint Keeps Safeway Safe

Maryland Court Allows Sex Harassment Claim Against Ledo's Pizza to Proceed

Employee Who Was Repeatedly Sniffed by Co-Workers and Fired For Swatting a Fly May Bring Retaliation Claim

No Sex Harassment Liability When Female Prison Guard Exposed to Prisoners' Display of Sexual Materials

So You Think Your Boss is Strange? Check This Out ...

Male Employee Who Wears “Girly” Shirts May Have Sexual Harassment Claim

Employee Who Refused To Cooperate In Employer’s Investigation Cannot Recover For Sexual Harassment

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Category: Sexual Harassment

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