The Eleventh Circuit joins There federal courts of appeals in holding that Title VII supports a claim of a retaliatory hostile work environment, substantially upholding a jury award to two plaintiff Veterans Administration doctors who were reportedly hounded by their colleagues after filing EEO complaints. The decision also discusses application of mixed-motives analysis to a Title VII retaliation/harassment claim.
The Second Circuit issues in important decision today in the fields of Title VII sex harassment and retaliation. The panel affirms a jury verdict of $5200 for a Title VII and New York state law hostile work environment claim, holding that the employer cannot raise a defense under Faragher/Ellerth when the harasser is also a senior executive "alter ego" of the employer. But the panel also affirms dismissal of a Title VII retaliation claim, for an HR executive engaged in an internal investigation of the harassment, holding that the "participation" clause does not cover an internal investigation of a complaint of discrimination before an EEOC charge is filed.
The Second Circuit reverses summary judgment in a Title VII same-sex harassment suit, finding that three intimate touchings over a five-month period by a supervisor may constitute a hostile work environment, and that the employer's defense it responded appropriately to the employee's oral complaints of harassment needed to be tried to a jury. The court reaffirms that while a workplace inevitably involves personal intrusions and employees surrender some autonomy, "giving up control over who can touch their bod[ies] is usually not one of them."
Outten & Golden LLP's Sexual Harassment Practice Group recently filed a lawsuit against NYU and James Stuckey alleging sexual harassment and sexual assault. The complaint alleges that our client, Ms. Bonadio, was subjected to sexual harassment at the hands of her NYU supervisor, James Stuckey. It states that "Bonadio, a director at NYU's School of Continuing and Professional Studies ("SCPS"), was sexually harassed and sexually assaulted by her supervisor, James Stuckey, when he forcibly grabbed her hand put it on his crotch and erect penis." In addition, "NYU withdrew a promotion that had previously been afforded to her and failed to proceed with a promised raise . . . she was advised that she had no defined position at NYU." The lawsuit seeks to vindicate her rights by seeking damages and the return of her promised promotion and raise. To read the full complaint, please click on the following link
The Seventh Circuit substantially upholds a jury verdict that the employer, the owner of a franchise restaurant, allowed two of its teen employees to be sexually harassed in violation of Title VII. The panel, in affirming denial of judgment as a matter of law, touches on several areas that recur in such cases - making the opinion a good template for future litigation and counselling in this area. The panel nonetheless reverses liability against the personnel company that managed the restaurant's employees, and remands for a new trial on that issue.
When you're litigation counsel for a major employer, it is recommended that you do not email the following: "the 11th floor . . . staff in the area of conference room 11E [are advised] to use caution about what they say in halls or open offices," for "[c]ertain people who will be in 11E have a way of twisting and publicizing their litigation induced hallucinations." The D.C. Circuit holds in a pro se appeal that a complaint describing this and other hostile behavior stated a claim for retaliatory harassment under Title VII, reversing a district court order dismissing the complaint.
Nearly a half of all middle and high schoolers experienced sexual harassment in the last school year, according to a New York Times article from earlier this week. The director of research at the American Association of University Women, the organization that conducted the survey, stated that sexual harassment is "almost a normal part of the school day."
Can increased scrutiny at work, including a disciplinary letter (later withdrawn), constitute a "materially adverse action" for a claim under Title VII's anti-retaliation provision, 42 U.S.C. § 2000e-3(a)? A jury said "yes," to the tune of a $500,000 judgment, but the Second Circuit - in a 2-1 decision - sides with the district court on these facts, and says "no."
This autumn marks the twentieth anniversary of Professor Anita Hill's electric testimony before the U.S. Senate Judiciary Committee regarding the nomination of Clarence Thomas as Associate Justice to the U.S. Supreme Court.
The Seventh Circuit reverses summary judgment on a Title VII retaliation claim, where an employee with "no performance issues, no attendance problems, and no complaints against her" loses her job as bank vice president, after the incoming president is (allegedly) tipped-off that the employee complained abut harassment.