Category Archives: Sexual Harassment

Subscribe to Sexual Harassment RSS Feed

Second Circuit Court Of Appeals Rules That An Employer Must Notify Its Insurer Of A Potential Claim Upon Receiving A Demand Letter From Counsel

The Second Circuit’s ruling in Westrec Marina Management v. Arrowood Indemnity Co. is a warning to employers to report potential claims to their insurance carrier as soon as possible or face denial of coverage.  In Westrec, an employee filed a charge of discrimination against Westrec with the California Department of Fair Employment and Housing (DFEH) … Continue Reading

Ninth Circuit Rules That Prompt Preventative And Corrective Action By An Employer In Response To A Sexual Harassment Claim May Not Be Enough To Avoid A Trial

On August 9, 2007, the Ninth Circuit held in Craig v. M & O Agencies that an employee’s 19-day delay in reporting blatant sexually offensive and unacceptable behavior by a direct supervisor did not necessarily constitute an unreasonable failure to take advantage of the preventative or corrective opportunities provided by the employer. Thus, the employer could … Continue Reading

California’s Office of Administrative Law Approves Final Harassment Training Regulations.

On July 18, 2007, California’s Office of Administrative Law approved, with minor modification, the Fair Employment and Housing Commission’s sexual harassment training and education regulations.  The newly approved regulations will become effective August 17, 2007.  The regulations clarify employers’ obligations to provide supervisors with sexual harassment training under the Fair Employment & Housing Act ("FEHA").… Continue Reading

Non-Fraternization Rule Held to Violate NLRA

Workplace romances not only provide an endless stream of water-cooler gossip, they also raise numerous legal concerns, such as those dealing with privacy, sexual harassment, and unlawful termination.  More and more employers seek to limit their exposure to the legal liability and morale problems that result from disintegrated interpersonal relationships in the workplace by adopting … Continue Reading

Ninth Circuit Rules That Individuals May Not Be Held Personally Liable Under The ADA

Recently in Walsh v. Nevada Department of Human Resources, Division of Healthcare, Finance and Policy, et al. (No. 04-17440) the Ninth Circuit Court of Appeals ruled that individuals cannot be personally liable for damages in discrimination suits brought pursuant to Title I of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12117.  Prior to the … Continue Reading

FINAL PROPOSED REGULATIONS CLARIFY CALIFORNIA’S MANDATORY SEXUAL HARASSMENT TRAINING REQUIREMENTS

On November 14, 2006, California’s Fair Employment and Housing Commission ("FEHC") adopted its October 2, 2006, modified harassment training regulations as its final proposed regulations.  The regulations interpret the sexual harassment training requirements set forth in California Government Code Section 12950.1.… Continue Reading

The California Supreme Court Affirms That the Laws Prohibiting Workplace Harassment Do Not Impose a “Civility Code”

On April 20, 2006, the California Supreme Court issued an eagerly awaited decision in the case of Amani Lyle v. Warner Brothers Television Productions, the company which wrote and produced the popular television show Friends. The plaintiff, an African-American woman, was hired by Warner Brothers to attend and transcribe show writers’ meetings. She was terminated … Continue Reading

Proposed Regulations Clarify FEHA’S Mandatory Sexual Harassment Training Requirements

On December 16, 2005, California’s Fair Housing and Employment Commission (“the Commission”) issued proposed regulations which clarify employers’ obligations to provide supervisors with sexual harassment training under the Fair Employment & Housing Act (“FEHA”). Pursuant to the FEHA, employers with 50 or more employees are required to provide two hours of sexual harassment training and … Continue Reading

California Supreme Court Concludes Widespread Sexual Favoritism May Create a Hostile Work Environment

The California Supreme Court unanimously held that sufficiently widespread sexual favoritism can convey a demeaning message to female employees that they are viewed by management as “sexual playthings,” creating an actionable hostile work environment under California’s Fair Employment and Housing Act (“FEHA”). Miller v. Department of Corrections, No. S114097 (July 18, 2005). The decision reversed … Continue Reading
LexBlog

By scrolling this page, clicking a link or continuing to browse our website, you consent to our use of cookies as described in our Cookie and Advertising Policy. If you do not wish to accept cookies from our website, or would like to stop cookies being stored on your device in the future, you can find out more and adjust your preferences here.

Agree