The existence of a formal anti-harassment policy in the workplace does not guarantee results for the employer if it does not do the important work of publicizing and training on the policy. The Fifth Circuit reverses summary judgment (in part) owing to a factual dispute about whether a school board did what it needed to do to make its policy a reality. It's an important case on the application of the first prong of the Faragher-Ellerth defense against supervisor-harassment liability.
Here's another case involving a joint-employer relationship between a staffing agency and one of its clients. The Fifth Circuit reverses summary judgment, holding that there was a genuine dispute about whether the staffing agency should have known that the client asked it to reassign an employee for age-biased reasons.
70 million Americans - one in every three adults in the United States - has a criminal record of some sort. For many of these people, however, the cost of their crimes imposes a death sentence on their ability to find work.
One pernicious "stereotype is the idea that men are better suited than women for positions of importance or leadership in the workplace." Here, the First Circuit reverses summary judgment in a federal-sector Title VII case, citing (among other things) a male supervisor's allegedly hostile tone and emphasis on the word "she" when he acted to block the only woman in the office from performing her job. Oh, and there's a baseball bat in the case, too.
We have learned a lot in the few short days since Gretchen Carlson, former Fox News anchor, filed her lawsuit alleging sexual harassment and retaliation against Fox CEO Roger Ailes. While the allegations underlying the lawsuit may not be particularly surprising to anyone who knew anything about Ailes or the culture of Fox News, the fact that a lawsuit was filed, and the way it was filed, demonstrates remarkable legal ingenuity and personal bravery. The Carlson lawsuit underscores just how high the chips are stacked against women coming forward to report harassment and discrimination, but also may give us a roadmap to even those odds.
Challenges for women working in tech are very real. Though the pay gap may be less in the tech industry than other sectors (the New York Times reported that women in tech earn 89 cents for every dollar earned by men - as compared with the American average of 79 cents on the dollar), women in tech are by no means better off.
An Arab-American Muslim woman from Morocco alleges that she suffered years of ethnic and religious harassment by the company's Chief Financial Officer, and was then fired 75 minutes after complaining about it. The Fourth Circuit reverses summary judgment on her Title VII and § 1981 complaint, in a blockbuster, 46-page opinion that straightens out several wrong turns that district courts take when ruling on dispositive motions.