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 HarassmentBy 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
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
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 EmployerSeyfarth Synopsis: On May 13, 2022, FINRA filed a proposed rule change to conform the Industry Code to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. FINRA filed the proposed rule change with immediate effectiveness requesting the SEC to waive the 30-day operative delay. The rule change is effective as of May 13,
Continue Reading FINRA’s Proposed Rule Changes Conforming the Industry Code to “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” are Effective Immediately