By Fritz Smith and Becca Mitchell

Seyfarth Synopsis: In Roberts v. Glenn Indus. Grp., Inc., No. 3:17-CV-745-GCM, 2019 WL 356809, at *2 (W.D.N.C. Jan. 29, 2019), aff’d in part, vacated in part, remanded, No. 19-1215, 2021 WL 2021812 (4th Cir. May 21, 2021), the plaintiff employee filed a lawsuit against his former employer alleging same-sex sexual harassment and retaliation in
Continue Reading Title VII: The Fourth Circuit Expands the Evidentiary Routes for Same-Sex Sexual Harassment Claims and Rejects Attempt to Impute Knowledge to the Decisionmaker for Retaliation Claims

By Bailey K. Bifoss and Andrew M. McNaught

Seyfarth Synopsis: Qualified immunity did not supply a Pennsylvania judge with a get out of jail free card, the Third Circuit concluded, holding that sexual harassment and retaliation in the workplace violate clearly established constitutional rights. However, the judge’s appeal was not a total wash, as the court refused to adopt
Continue Reading Third Circuit Refuses to Grant Immunity to Pennsylvania Judge on Probation Officer’s Harassment Claims

By Leon Rodriguez and Emily J. Miller

Seyfarth Synopsis: Consistent with Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972, the U.S. Department of Health and Human Services (HHS) recently published recommendations for preventing and responding to sexual harassment for entities that receive federal financial assistance from HHS. In its “Effective Practices
Continue Reading HHS Issues “Effective Practices for Preventing Sexual Harassment”

By Christopher W. Kelleher, Emily J. Miller, and Erin Dougherty Foley

Seyfarth Synopsis: The Eighth Circuit Court of Appeals ruled that a manager’s behavior toward an employee was “reprehensible and improper,” but did not rise to the level of a hostile work environment under Title VII, and affirmed summary judgment for defendants.

In Paskert v. Kemna-ASA Auto
Continue Reading Eighth Circuit Maintains High Bar for Hostile Work Environment Claims

By Thomas M. Horan and Erin Dougherty Foley

Seyfarth Synopsis: Effective January 1, 2020, the Illinois Workplace Transparency Act (WTA) amended the Illinois Human Rights Act (IHRA) to, among other items, require all employers in Illinois to provide annual sexual harassment prevention training to all employees, and further require additional, industry-specific sexual harassment prevention training for restaurants and bars. The
Continue Reading IDHR Releases Guidance on Workplace Transparency Act Compliance, Promises Model Training In February

By Liz Watson and Kristen Peters

Seyfarth Synopsis: It is important for companies to investigate internal sexual harassment complaints and take prompt, appropriate corrective action. This post provides a six-step roadmap of best practices for handling sexual harassment complaints.

  1.  Plan Ahead


Continue Reading You’ve Got An Internal Sexual Harassment Complaint: Now What?

By Anne R. DanaNila Merola, and Robert S. Whitman

Seyfarth Synopsis: In compliance with legislation passed earlier this year, New York State has released the final model sexual harassment policy and complaint form, the model training materials, and FAQs, which provide further guidance regarding the legislation. Two significant clarifications to the draft guidance issued several weeks
Continue Reading New York State Releases Final Anti-Sexual Harassment Materials

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 Paul S. Drizner and Michael D. Fleischer

Seyfarth Synopsis: The new Tax Act prohibits employers from deducting payments to individuals alleging sexual harassment or sexual abuse if the settlement or payment requires the Claimant to execute a nondisclosure agreement.

The #MeToo movement continues to have a significant impact on all employers, forcing human resource professionals to review their protocols
Continue Reading Sexual Harassment Legal Settlements: What Employers Need to Know About the New Tax Act

By Marjorie Clara Soto, Kay J. Hazelwood, and Mary Kay Klimesh

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights and other students’ Title IX rights to receive an education
Continue Reading Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline