Harassment

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By Romtin Parvaresh and Daniel C. Whang

Seyfarth Synopsis:  In line with recent anti-arbitration trends, the California Court of Appeal recently decided two cases – Doe v. Second Street Corp. and Liu v. Miniso Depot CA, Inc. – that apply the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act to limit the enforceability of arbitration…

Continue Reading Effecting The EFAA: California Appellate Courts Make It Harder To Enforce Arbitration Agreements In Cases Alleging Sexual Assault Or Sexual Harassment

By Karla Grossenbacher

Seyfarth Synopsis: The Ninth Circuit has held that harassing conduct that takes place outside of the physical workplace can constitute workplace harassment.   

In the case of Okonowsky v. Garland, 23-55404.pdf (law360news.com), the Ninth Circuit considered a claim that social media posts made by a co-worker on a personal account constitute actionable workplace…

Continue Reading Personal Does Not Mean Private:  Ninth Circuit Holds Personal Social Media Posts Can Constitute Workplace Harassment         

By Cristen Hintze and Joshua A. Rodine

Seyfarth Synopsis: The California Supreme Court ruled that an isolated, one-time, use of a racial slur may be so severe—when viewed in relation to the totality of the circumstances—as to alter the conditions of employment, thereby creating an unlawfully hostile work environment. Twanda Bailey v. San Francisco District Attorney’s Office.

The Facts…

Continue Reading Single Use of Racial Slur May Constitute Harassment

By Matthew Banham, Georgina Hatch, and Georgia Hill Smith

Seyfarth Synopsis: Workplace sexual harassment prevention is undergoing a seismic transformation, and global legislators’ expectations of employers are increasingly moving from reactive to proactive measures.

Workplace sexual harassment prevention is undergoing a seismic transformation, and global legislators’ expectations of employers are increasingly moving from reactive to proactive measures.…

Continue Reading Global Trends CEOs Can’t Ignore: The New Era of Harassment Prevention

By Grayson Moronta, Daniel I. Small, and Howard M. Wexler

Seyfarth Synopsis: A pending bill in New Jersey’s legislature would significantly lower the standard for establishing harassment claims and require employers to implement anti-harassment training and policies and report complaint data to a government agency.

Earlier this year, New Jersey legislators introduced Assembly Bill 2443 (“AB 2443”…

Continue Reading Proposed New Jersey Bill Would Lower Harassment Standard and Mandate Anti-Harassment Policy and Training

By Erin Dougherty Foley

Seyfarth Synopsis:  This blog considers sexual harassment allegations in the context of the holiday party. To date, no one seems immune from the allegations: celebrities, politicians, presidents. See for instance Time Magazine’s Person of the Year 2017 issue. We hope this dialogue will empower employees and employers, alike, to speak up before inappropriate, but previously…

Continue Reading Will the “Spirits” of the Holiday Haunt You?

By Emily J. Miller and Rachel V. See

Seyfarth Synopsis: On October 2, 2023, the Equal Employment Opportunity Commission (“EEOC”) published notice of its “PROPOSED Enforcement Guidance on Harassment in the Workplace” (“draft enforcement guidance”) in the Federal Register. Employers should pay attention because the draft enforcement guidance sets forth the standards to which the EEOC will seek to…

Continue Reading EEOC Releases Draft Enforcement Guidance on Workplace Harassment and Invites Comment

By Christopher Kelleher, Rachel See, Christopher DeGroff, and Andrew Scroggins

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years, Fiscal Years 2024-2028. The SEP indicates that the agency intends to aggressively pursue its…

Continue Reading Behind the EEOC Curtain:  EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

By Lorraine O’Hara

Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities:  How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law.  Increasingly, other states have passed their own progressive employment statutes, warranting their own discussion.  Colorado is one of these states. Discussed below are two Colorado statutes that were…

Continue Reading Colorado Peculiarities

By Linda Schoonmaker and Kyle Winnick

Seyfarth Synopsis: The Fifth Circuit dismissed a plaintiff’s harassment claims because the employer took prompt action to stop the harassment and prevent it from continuing.  This case highlights the importance for employers to have effective harassment policies and procedures in place.

Acting promptly to remedy discrimination in the workplace is not just…

Continue Reading Prompt Remedial Action Saves the Day for This Employer