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No Employer Liability For Sexual Harassment If Employee Doesn’t Complain About Sex-Based Conduct

Kollman & Saucier
Kollman & Saucier
04/12/2013
Employment Discrimination, Retaliation, Sexual Harassment
A federal appeals court recently held that an employer was not liable for sexual harassment to an employee who complained only about harassment, not sex-based harassment.  Medina-Rivera v. MVM Inc., No. 11-2419 (1st Cir. April 10, 2013). In 2008, Estrella Medina-Rivera worked as a part-time detention officer for MVM, Inc., a security company in Puerto Rico.  In October 2008, Medina complained to her supervisor that an unnamed federal agent with...
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Fourth Circuit Limits Scope of EEOC Charge

Kollman & Saucier
Kollman & Saucier
03/20/2013
Employment Discrimination, Litigation, Sexual Harassment
Under Title VII, an employee suing for discrimination or retaliation must first file an administrative charge of discrimination with the EEOC or a state or local fair employment practices agency.  The purpose of this requirement is to ensure that the employer is put on notice of the allegations, and that the administrative agency is given a chance to investigate, before an employee pursues the case in court.  Because of this requirement, one issue...
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Supreme Court to Revisit Faragher/Ellerth Defense to Harassment Claims

Kollman & Saucier
Kollman & Saucier
11/21/2012
Employment Discrimination, Litigation, Sexual Harassment
Soon after Thanksgiving, next Monday in fact, the Supreme Court will hear oral argument on a case of immense importance to employers, employees, and the employment law community.  In Vance v. Ball State University, the Court will address the question of who is a “supervisor” in the context of harassment cases under Title VII of the Civil Rights Act of 1964. Like the debate at Thanksgiving dinner over whose stuffing is better, there is a circuit...
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Of Petraeus, Paramours, and Email

Kollman & Saucier
Kollman & Saucier
11/14/2012
Sexual Harassment, Social Media
As someone who has represented employers in employment law matters for more than 25 years, I have seen more than a few high level executives brought down by extramarital dalliances.  Married CEO’s who end up in bed with an administrative assistant; sales executives who send racy emails to a subordinate while sipping their fourth Jim Beam at a lonely hotel bar; human resources  professionals “sexting” coworkers .. you name it.  There is not...
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Virginia Supreme Court Holds That Supervisors May Be Personally Liable for Wrongful Discharge

Kollman & Saucier
Kollman & Saucier
11/02/2012
Litigation, Sexual Harassment, State Law
On November 1, 2012, the Supreme Court of Virginia held that a supervisor may be subject to tort liability for wrongful discharge in violation of public policy where the individual participated in the wrongful firing and was the violator of public policy. VanBuren v. Grubb, 120348 (Va. Nov. 1, 2012) (Millette, J.).  The Court addressed the issue upon certification from the Fourth Circuit. Angela VanBuren was a nurse at Virginia Highlands Orthopedic...
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Buttocks Slap Not Harassment; Complaint Not Protected Activity; Termination Not Retaliation. Really.

Darrell VanDeusen
Darrell VanDeusen
09/27/2012
Employment Discrimination, Retaliation, Sexual Harassment
It is football season, so apparently it is time to revisit the issue of the workplace buttocks slap.  Justice Scalia noted in Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998), when discussing whether an employee might find certain workplace behavior “objectionably offensive,” that a professional football player would not be embarrassed or harassed if his coach smacks him on the buttocks as he heads out onto the field.  This same...
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You Can’t Have Your Sex Harassment Cake and Eat It Too …

Kollman & Saucier
Kollman & Saucier
09/21/2012
Employment Discrimination, Sexual Harassment
In order for a plaintiff in a sex harassment case to prevail on a claim of hostile work environment sex harassment, the employee must show that the offensive behavior was unwelcome.  On September 17, 2012, a federal court in Illinois relied upon this principle of law to reject a harassment claim brought by a U.S. Department of Agriculture employee.   Jacober v. Dept. of Agriculture, No. 3:10-cv-00422 (S.D. Ill. 2012).  In Jacober, an employee...
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Title VII is Not Exclusive Remedy for Discrimination Claims by Public Employees

Kollman & Saucier
Kollman & Saucier
07/27/2012
Employment Discrimination, Public Sector Employment Law, Sexual Harassment
By Eric Paltell  Unlike private sector employees, persons employed by state and local governments have workplace rights conferred upon them by the United States Constitution. A recent court decision from the United States Court of Appeals for the Eighth Circuit held that these Constitutional rights allow public sector employees to pursue discrimination claims even if they have not filed claims under Title VII of the Civil Rights Act of 1964. Henley...
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