The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its proposed “Enforcement Guidance on Harassment in the Workplace,” which presents a legal analysis of standards for harassment and employer liability applicable to claims of harassment under the equal employment opportunity (EEO) statutes it enforces.
Some employers attempt, through employment contracts, to require that employee legal challenges be pursued under private arbitration procedures, rather than through lawsuits or discrimination charges. …
Continue Reading Senate passes #MeToo bill, bringing changes for employment contracts
Most employers are equipped to respond to employee allegations of harassment by co-workers or managers. However, there are added levels of difficulty when employees complain of harassment by a customer, contractor or other visitor to the business. In Sansone v. Jazz Casino Company, LLC (Sept. 1, 2021), a federal court of appeals recently ruled that an employee of Harrah’s Casino can go to trial on her claims that she was sexually harassed by a customer and that Harrah’s did not take sufficient steps to address her concerns.
Continue Reading ‘But they don’t work for us!’ Best practices for handling employee claims of harassment by a customer
The United States Court of Appeals for the Sixth Circuit recently provided employers a useful reminder of how important it is to promptly investigate allegations of harassment, or other types of discrimination, even when it appears that such investigation may be fruitless.
In Jane Doe v City of Detroit, the court upheld summary judgment for Detroit on a transgender employee’s complaint of harassment. Specifically, the employee complained that an unknown person had defaced her nameplate by scratching the word “Mr.” on it, and she had received anonymous notes citing Bible verses, commenting on her transgender identity and stating that people like her should be put to death.
Continue Reading Prompt investigation can be critical to avoiding liability for harassment