Can a huggy boss create a hostile work environment? The Ninth Circuit holds that it's for a jury to decide, in a case where a sheriff allegedly hugged the women officers, but not the men.
A Ninth Circuit panel holds, in a Title VII and Oregon state law case, that an employer's breaking into a work locker constitutes a materially adverse employment action. The panel also splits - 2-1 - over whether the employer failed to take appropriate steps to stop alleged racial harassment, and whether it disproportionately punished the plaintiff by firing him (for leaving the workplace) while taking no action against the harasser.
Women often find themselves in a workplace culture dominated by traditionally male values, approaches to work, and ways of measuring success. To be included, accepted and advanced, women in a wide variety of professions, including finance, technology, medicine, and the law, must walk a fine line between seeking acceptance and ensuring equal treatment.
In a Monday session during the American Bar Association's annual meeting in San Francisco this past weekend, the ABA House of Delegates voted to approve a change to the Model Rules of Professional Conduct that will make it an ethical violation for attorneys to harass or discriminate in the course of their practices.
The U.S. trucking industry is a paradox. With a growing shortage of drivers, trucking companies desperately need to put more people behind the wheel. At the same time, an increasing number of women are looking to enter the industry, eager for the opportunity. Instead of being welcomed, however, many encounter a hostile work environment, including egregious sexual harassment.
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.
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.
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.
In a recent blog post, on Hamilton & Griffin on Rights, Outten & Golden LLP associate Nina Frank discusses recent studies which have found that anti-bias training and sexual harassment awareness training can not only be ineffective, but can actually backfire, resulting in defensiveness and a solidification of discriminatory beliefs. Mindfulness - and mindfulness meditation - should be taken seriously as a tool to combat our knee-jerk reactions to being confronted with our own privilege. Mindfulness can guard against the tendency to become defensive or guilt-ridden, two automatic reactions that can derail meaningful discourse and progressive change.
Here are two employment cases about second-chances. A plan participant who filed an ERISA claim too late under a contractual limitations period is rescued by a decision that the plan violated its duty by not telling the participant about the shortened deadline. The EEOC wins a second opportunity to advance claims on behalf of a class of female victims of harassment, in the wake of Mach Mining, LLC v. EEOC, 135 S. Ct. 1645 (2015).