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 James L. Curtis, Daniel R. Birnbaum, Patrick D. Joyce, Matthew A. Sloan, and Adam R. Young
Seyfarth Synopsis: The growth of the gig economy has transformed the modern workforce and upended traditional models for developing a workplace safety culture and worker safety training. New and inexperienced workers confront evolving safety hazards. Given this transformed
Continue Reading Workplace Safety in the Gig Economy: New Hazards and Liabilities
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 Brent I. Clark, Adam R. Young, Matthew A. Sloan, and Craig B. Simonsen
Seyfarth Synopsis: Fifth Circuit rules on Title VII liability concerning workplace violence in a healthcare setting involving third parties. Gardner v. CLC of Pascagoula, No. 17-60072 (5th Cir. February 6, 2019).
A recent decision from the U.S. Court of Appeals for
Continue Reading OSHA and Title VII on Workplace Violence in Healthcare and Social Assistance
By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: Last month at the 2018 National Safety Council (NSC) Congress the speakers noted that “safety programs shouldn’t end when employees walk out the door and get into a vehicle to drive.” The session was presented by Karen Puckett, the Director
Continue Reading National Safety Council Congress Session on Driving Safety – The Missing Link in Your Company Safety and Health Management Systems
By Brent I. Clark, James L. Curtis, Adam R. Young, and Craig B. Simonsen
Seyfarth Synopsis: This week at the 2018 National Safety Council (NSC) Congress the speakers on this Executive Forum noted that “automation, wearables, augmented reality, virtual reality, drones, big data, machine learning, the Internet of Things – emerging technologies are now almost too
Continue Reading National Safety Council Congress: Executive Forum Industry 4.0 – EHS in the Future of the Workplace
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 Anne R. Dana, Nila 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 Benjamin D. Briggs, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: OSHA has just reminded temporary staffing agencies and their clients (i.e., host employers) that they are jointly responsible for a temporary employee’s safety and health in two new guidance documents relating to respiratory protection, noise exposure, and hearing conservation. Temporary agencies and host employers
Continue Reading OSHA Releases Two New Temporary Worker Guidance Documents