Archives: Hostile Work Environment

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Epic Impact: Will the Federal Arbitration Act Preempt Prohibitions on Arbitration of Sexual Harassment Claims?

With the increased attention being paid to the #MeToo movement and the existence of federal law that provides capped remedies and permits mandatory arbitration of sexual harassment claims,, states and cities are enacting legislation to create greater legal rights for sexual harassment claimants  For example, New York recently enacted legislation that, among other things, prohibits … Continue Reading

New Maryland Law Prohibits Arbitration Agreements for Sexual Harassment Claims, Requires Reporting of Sexual Harassment Settlements

Recently, Maryland’s Governor signed the “Disclosing Sexual Harassment in the Workplace Act,” becoming the most recent state to enact tougher sexual harassment laws in the wake of the #MeToo movement.  The Act, which will go into effect on October 1, 2018, prohibits employers from including in any agreement, policy, or contract a provision that waives … Continue Reading

Beyond the Weinstein Effect: It’s More Than Just Training

In light of the many high-profile news stories involving sexual harassment, employers are cognizant of the need to update policies, improve investigation procedures, and conduct training. However, there is more going on than meets the eye.  Several states have proposed legislation that creates a path for victims to come forward.  In addition, the new federal … Continue Reading

The Weinstein Effect: Importance of Anti-Harassment and Anti-Discrimination Training

It seems as if a report of workplace sexual harassment or sexual battery is published nearly daily. While the media focuses upon notable public figures, workplace harassment can occur at any company.  In many of those reports, it seems that the environment was not conducive to reporting the alleged misconduct or to obtaining an internal … Continue Reading

Timing Is Everything: Federal Judge Permits Suit to Continue Despite Time-Barred Allegations

A federal magistrate in New York has recommended that an employment discrimination case survive a dismissal motion even though some of the claims relied on facts that occurred outside the statute of limitation. Grimes-Jenkins v. Consolidated Edison Company of New York, Inc., 16-cv-4897.  In Grimes, the Plaintiff alleged claims of discrimination and retaliation under various … Continue Reading

Second Circuit Finds Allegations of Gender Stereotyping Sufficient to Permit Claim to Move Forward

In Christiansen v Omnicom Grp., Inc. (Docket No. 16-748), Plaintiff alleged that his supervisor drew a picture of him in tights and a low-cut shirt “prancing around,” and made a poster depicting plaintiff’s head attached to a female body clad in a bikini, which resulted in one co-worker referring to plaintiff as a “submissive sissy.”  … Continue Reading

11th Circuit: Sexual Orientation Discrimination is Not Actionable Under Title VII

On March 10, 2017, the Court of Appeals for the Eleventh Circuit in Evans v. Georgia Regional Hospital held that sexual orientation discrimination is not actionable under Title VII. In Evans, the plaintiff was a security officer at Georgia Regional Hospital.  During her employment, the plaintiff claimed she was discriminated on the basis of her … Continue Reading

Employee’s Retaliation and Hostile Work Environment Claims Based on a Rumor Spread in the Workplace Survives Motion for Summary Judgment

In Baez v. Anne Fontaine USA, Inc., the United States District Court for the Southern District of New York denied an employer’s motion for summary judgment to dismiss a terminated employee’s retaliation claims under Title VII, New York State Human Rights Law and the New York City Human Rights Law, and hostile work environment claim … Continue Reading
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