Sexual Harassment

Fabricated Evidence Leads to $9.2 Million Employer Liability

Based on evidence that the employer fabricated evidence in a sexual harassment lawsuit, a federal district court judge in Atlanta struck the defendant’s answer to the complaint and told the jury that the allegations in the complaint must be accepted as fact.

The judge reportedly took the action after evidence was presented that the employer had forged the signature on an affidavit contradic Read more

Alleged Harasser Can Sue for Sex Discrimination, Second Circuit Rules

Finger Pointing

A male employee who was forced to resign after being accused of sexual harassment can proceed on his claim of sex discrimination because of his supervisor’s statement indicating that men have a propensity to commit sexual harassment and management’s failure to properly investigate the harassment allegation Read more

Firing Not Tied to Refusing Female Supervisor’s Advances, Seventh Circuit Rules

A male employee who ended a consensual affair with his female supervisor and subsequently terminated for insubordination failed to establish that he had a good faith belief that he was being sexually harassed, the Seventh Circuit says, overturning a lower court decision in favor of his retaliation claim.
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Lawsuit Allowed Based on Language Offensive to Non-Target

A female employee who was exposed on a daily basis to sexually offensive language and radio programming, but who was not specifically targeted, has stated a hostile work environment claim, the Eleventh Circuit rules.
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Decreasing Discipline for Sex Harassment Could Be Employer Negligence

An employer who warned a worker found to have sexually harassed numerous female employees that further instances of such behavior would lead to his termination, then failed to follow through when the worker continued, could be liable for failing to take proper remedial action, the Eighth Circuit rules. Read more

Confusing Sex Harassment Policy Warrants Trial

The claim of a teenaged fast food worker who was fired after she rejected the sexual advances of the restaurant’s general manager, and after her mother complained to the restaurant about the harassment, should proceed to trial says the Seventh Circuit. Read more

GM’s Prompt Investigation Warrants Harassment Claim Dismissal

Once General Motors management was notified by a temporary hire that she had been subjected to inappropriate touching and suggestive comments by a manager, it responded immediately by contacting the temp service and initiating its own investigation. Read more

Pet Food Company on Hook for Ignoring Harassment Complaints

gavel A female worker who had repeatedly complained to supervisors and management-level personnel about the sexual comments and behavior she was subjected to by her male co-workers, each time being told to “grin and bear it,” can proceed to a jury trial says the Seventh Circuit. Read more

Firing Uncooperative Complainant Not Discriminatory

A female employee who had complained of sexually harassing behavior by her manager, and who refused to cooperate in the company’s reasonable efforts to resolve her complaints, was not discriminated against when she was terminated for her uncooperative behavior, the Eleventh Circuit rules.
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Sexual harassment not equivalent to “just cause” discharge under CBA, Tenth Circuit decides.

The Court upheld an arbitrator’s reinstatement of a union employee fired for admittedly making sexually harassing comments to female employees. <!--PageBreak-->The collective bargaining agreement contained a “just cause” termination section, but did not explicitly state that sexual harassment would be just cause for termination.

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Employer’s Sexual Harassment and Retaliation Ignorance Leads to $1.5 Million Verdict

A U.S. District Court jury brought in a verdict of over $1.5 million for sexual harassment and retaliation in the U.S Equal Employment Opportunity Commission’s lawsuit against a Tennessee employer who had no policy prohibiting sexual harassment, no complaint procedures, provided no training on the issue, and whose HR manager said she didn’t know the definition of sexual harassment at the time of the incidents, according to the agency. Read more

EEOC Sues Fred Meyers Stores for Failing to Stop Sexual Harassment by Customer

Grocery Store A mainland grocery chain is being sued in federal court by the Equal Employment Opportunity Commission for failing to stop a customer from sexually harassing several female employees, the agency says. Read more

Single Severe Act Can Establish Hostile Environment Says 7th Circuit

A single act can create a hostile environment if it is severe enough, and instances of uninvited physical contact with intimate parts of the body are among the most severe types of sexual harassment, the Seventh Circuit rules, reversing a lower court decision. Read more

Bank VP Fired After Sexual Harassment Complaint Can Go to Trial, 7th Circuit Says

Board Room A bank vice president who had no performance issues, no attendance problems, and no complaints against her, but who was terminated after filing a sexual harassment complaint against a member of the bank’s board of directors, can go to trial on her retaliation claim, the Seventh Circuit rules. Read more

No Automatic Affirmative Defense if Employee Chooses to Complain to Harasser

An employer is not entitled to the Faragher/Ellerth affirmative defense if the complaint is made to a supervisor who was also the alleged harasser, even though the company’s sexual harassment policy provides that the victim could have complained to others besides the supervisor, the Second Circuit rules.
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