By Gerald L. Maatman, Jr., Christopher DeGroff, Matthew J. Gagnon, and Alex S. Oxyer
Seyfarth Synopsis: On August 3, 2020, the EEOC announced in a press release that it will resume issuing charge closure documents, or “Notices of Right to Sue.” The Commission had previously suspended issuing closure documents as a result of the COVID-19 pandemic in
Continue Reading EEOC Update: The Commission Resumes Issuance of Charge Closure Documents
By Erin Dougherty Foley and Katherine Mendez
Seyfarth Synopsis: In light of recent events, the Employment Law Lookout Blog provides some reflection and thought on returning to work in uncertain times.
In February and March we were only just preparing for, and beginning to respond to, the worldwide pandemic. Many of the issues related to returning to work have
Continue Reading Considerations for Employers Returning To Work Amidst Social Unrest and COVID-19
By Kyla J. Miller and Tracy M. Billows
Seyfarth Synopsis: The 4th Circuit rejected a punitive damages award won by a male AutoZone worker who accused the Company of blatantly ignoring complaints of sexual harassment by his female co-worker, finding that managers who failed to act on his complaint, without proof of intentional conduct, did not warrant a punitive
Continue Reading Punitives Are Meant to Punish: So What Happens When Management Watches & Ignores Complaints of Female-on-Male Sexual Harassment?
By: Adam R. Young and Danielle R. Rabie
Seyfarth Synopsis: New Decision from Illinois Court of Appeals holds that employer can be liable for workplace violence under Illinois Gender Violence Act.
As we have discussed in many prior blogs, employers face numerous hazards of workplace violence, a complex term which can encompass a range of behaviors by employees, customers, and
Continue Reading Illinois Employers May Face Liability for Workplace Violence Against Women Under Gender Violence Act
By Kyla J. Miller and Tracy M. Billows
Seyfarth Synopsis: The Illinois Senate unanimously passed an all-encompassing sexual harassment bill, which hits all of the big ticket workplace sexual harassment hot topics, including imposing sexual harassment training and extensive reporting requirements, bans on non-disclosure agreements, arbitration clauses and non-disparagement clauses, and hefty penalties for non- compliance. Whether the House will
Continue Reading #MeToo on the Move: Illinois Responds as Senate’s Sweeping Sexual Harassment Bill Gains Traction
By Kevin Green and Jesse Coleman
Seyfarth Synopsis: A recent editorial authored by two female doctors in the Canadian Medical Association Journal proclaims that, “in the era of #MeToo, it is time for physicians to acknowledge that the medical profession is not immune to bullying, harassment and discrimination, and act to abolish these behaviours.” #MeToo and the Medical Profession
Continue Reading #MeToo Confronts Health Care
By Linda Schoonmaker and John P. Phillips
Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment. Additionally, the Eleventh Circuit held that an employer may be held liable for workplace harassment when the plaintiff admitted that
Continue Reading Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For Employers
By Joshua M. Henderson, Ilana R. Morady, Brent I. Clark, and Craig B. Simonsen
Introduction: We are posting our colleagues’ California Peculiarities Employment Law Blog post on workplace violence. While this particular topic is California centric, the principles discussed below are universal, and appropriate to publish widely. For instance, workplace violence under federal OSHA is generally
Continue Reading Fight Club Rules: Using Restraining Orders to Prevent Workplace Violence
By Rashal G. Baz, Katherine Mendez, and Chelsea D. Mesa
Seyfarth Synopsis: Employers are now being presented with more options to outsource workplace complaints through third party companies and mobile apps. This may create an ease in grievance reporting for the employee, but does not necessarily shield employer liability.
Harassment in the workplace is not a novel
Continue Reading Click To Complain: Using Technology to Outsource Workplace Harassment Grievances
By Scott Rabe and Marlin Duro
Seyfarth Synopsis: In its recent decision in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc., No. 16-2424, 2018 U.S. App. LEXIS 5720 (6th Cir. Mar. 7, 2018), the U.S. Court of Appeal for the Sixth Circuit has sent the strong message that the Religious Freedom Restoration Act (RFRA) has minimal impact
Continue Reading Sixth Circuit Finds EEOC’s Enforcement of Title VII Does Not Need to “Give Way” to Religious Freedom Restoration Act