Harassment

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By Gina Gi and Daniel Whang

Seyfarth Synopsis: In Steven Kruitbosch v. Bakersfield Recovery Services, 114 Cal.App.5th 200 (2025), the California Court of Appeal for the Fifth District held that an employer’s response, or lack thereof, to an employee complaint of offsite harassment is sufficient to state a claim for hostile work environment, even when that off-site…

Continue Reading Out of “Site,” But Not Out of Mind: Employer’s Refusal to Respond to Offsite and Off-Duty Harassment Can Be Sufficient to Create a Claim for Hostile Work Environment

By Christopher Kelleher and Andrew Scroggins

Seyfarth Synopsis. The Equal Employment Opportunity Commission (“EEOC”) has issued guidance tailored to the construction industry regarding compliance with anti-harassment laws. This lines up with our prediction in early 2024 that the EEOC had put the construction industry squarely in its sights. The guidance is important for construction-industry leaders and employers to…

Continue Reading EEOC ISSUES ANTI-HARASSMENT GUIDANCE TO CONSTRUCTION-INDUSTRY EMPLOYERS

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 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 Christopher Kelleher, Adam Rongo, and Christopher DeGroff

Seyfarth Synopsis: The EEOC has released technical assistance on preventing workplace harassment in the federal sector. While the guidance does not specifically apply to private employers, it provides important lessons for employers when dealing with workplace harassment and avoiding liability in employment litigation, and insight into how the EEOC views…

Continue Reading Government Heal Thyself – Lessons for Private Employers Revealed in EEOC Public Sector Harassment Guidance

By Angelina Evans

Seyfarth 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

By Megan Toth, Partner, Thomas Horan, Associate, and Gillian Lepore, Associate

Please join our Seyfarth Chicago Labor & Employment attorneys to learn about best practices for conducting investigations of internal workplace complaints and the importance of taking prompt and thorough action to address those complaints and prevent harassment, discrimination and other policy violations.

This program will cover…
Continue Reading Best Practices for Conducting Investigations of Internal Complaints in the Workplace

By Matthew J. Gagnon and Tyler Z. Zmick

Seyfarth Synopsis: Following the March 8, 2021 Executive Order establishing the White House Gender Policy Council, on October 22, 2021 the White House released the first-ever U.S. Government National Strategy on Gender Equity and Equality. The EEOC contributed to the Strategy and supports its full implementation, suggesting that gender-related issues – …
Continue Reading White House Releases First-Ever “National Strategy On Gender Equity And Equality”