By Lennon B. Haas and Kevin M. Young
Seyfarth Synopsis: In Sellars v. CRST Expedited, Inc. Case No. C15-117-LTS (July 15, 2019), the Northern District of Iowa held that employer responses to sexual harassment complaints need not deter harassment by other employees, where the employer lacks notice that those other employees might engage in harassing behavior.
Background
CRST Expedited, Inc.
Continue Reading Effective Remedial Action Does Not Require Crystal Ball, Rules Iowa Court
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 John P. Phillips and Linda Schoonmaker
Seyfarth Synopsis: In recent months, sexual harassment has seized national headlines and raised significant questions about company policies, procedures, and culture. In response, many companies and HR personnel have questioned how to appropriately respond to complaints of sexual harassment. A recent decision out of the Western District of Wisconsin provides a helpful
Continue Reading Recent Decision Re-Enforces the Legal Framework for Sexual Harassment Claims
By Gerald L. Maatman, Timothy F. Haley, and Ashley K. Laken
Seyfarth Synopsis: True to his word, the Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice has announced the first of a number of anticipated no-poach enforcement actions. While this was a civil proceeding, the Department of Justice has said that in some
Continue Reading DOJ Announces First Of A Number Of Anticipated No-Poach Enforcement Actions – What Should Employers Do Now?
By Jason E. Burritt, Michelle Gergerian, and Dawn M. Lurie
Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large and small. The federal government, through its various agencies, plays a key role in
Continue Reading Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees
Seyfarth Synopsis: Given the issues workplace texting presents for employers, employers would be wise to make clear in their policies what method of communication employees may use in the workplace for business purposes. If texting is allowed or tolerated in the workplace, employers need to review their policies relating to employee communication and record retention to
Continue Reading Are Your Employees Texting? The Risks To Employers In Taking Workplace Communications Offline
By Dawn M. Lurie and Leon Rodriguez
Seyfarth Synopsis: As the Department of Homeland Security, as well as the administration generally, signals increases in immigration enforcement activity, businesses are advised to implement clear protocols for the conduct of key personnel in the event of a visit by a federal officer, particularly Special Agents of the Department of Homeland Security,
Continue Reading Quick Guidance: What To Do In The Event of a Visit By The DHS-ICE Agents
By Meredith-Anne Berger and Tracy M. Billows
Seyfarth Synopsis: Recently, the Second Circuit held that the “cat’s paw” theory of liability may be used to support recovery for claims of retaliation where an employer negligently relies on information provided by a low-level employee with an “unlawful animus,” allowing employees to have an “outsize role” in an employment decision.
In
Continue Reading Second Circuit “Purrs” On Cat’s Paw Liability Case
Seyfarth Synopsis: This blog considers the blurring of the lines between personal and work-related communications which has created novel legal issues when it comes to determining whether an employer has the right to access and review all “work-related communications” made by its employees.
Over the last decade, communication via email and text has become a vital
Continue Reading Monitoring Employee Communications: A Brave New World
By Kevin A. Fritz, Andrew R. Cockroft, and Craig B. Simonsen
Seyfarth Synopsis: Petitioner to the Supreme Court claims that the Sixth Circuit engaged in a “separate but equal” rationale when it rejected her claim that her employer discriminated against her based on race after the employer allegedly acquiesced to a Caucasian family’s request that no African American
Continue Reading Nursing Manager, Removed from Patient Case, Seeks Supreme Court Review in Discrimination Case