Under generally accepted Title VII principles, an employer can be held liable when a co-worker harasses a co-worker if a supervisor is aware of the harassment, but fails to take prompt corrective action. This principle was reiterated in EEOC v.
The EPL Advisor
The EPL Advisor, published by Jackson Lewis P.C., focuses on employment practices liability and workplace law issues. It covers topics such as discrimination claims, accommodation requirements under the ADA, wage and hour compliance, workplace safety, and evolving legal standards related to COVID-19. The blog also addresses regulatory updates from agencies like the EEOC, litigation trends, and practical guidance for employers on managing employee relations, compliance with labor laws, and handling workplace investigations. It provides insights into multi-state and industry-specific employment law challenges, including leave management, religious accommodations, and privacy concerns in the workplace.
Latest from The EPL Advisor - Page 4
Seventh Circuit Weighs in on Obesity as a Disability under the ADA
In an issue of first impression in the Seventh Circuit, the Court of Appeals upheld summary judgment in favor of the employer dismissing the Plaintiff’s claim that obesity qualified as a disability under the Americans with Disabilities Act (“ADA”). Richardson…
EEOC Subpoena of Pattern-Or-Practice Information Based On Individual Charges Upheld
Contrary to the U.S. Supreme Court’s restriction of class actions in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), courts have granted the Equal Employment Opportunity Commission (“EEOC”) broad power to issue nationwide pattern-or-practice subpoenas even though only individual…
New York State Broadens Its Pay Equity Law
On July 10, 2019, the Governor of New York State signed into law a bill extending New York’s pay equity protections to pay differentials based not only on gender, but also those caused by discrimination on the basis of age,…
Federal Court: Federal Arbitration Act Preempts New York Law Banning Arbitration of Sexual Harassment Claims
According to the Southern District of New York, the Federal Arbitration Act preempts the recently enacted New York State law that bars arbitration agreements of sexual harassment cases. To read a complete analysis of one of the first decisions to rule on…
New York State Further Expands Anti-Discrimination Laws
In addition to the laws expanding sexual harassment liability, the New York State Legislature also passed last week three laws that will bar employers from inquiring about applicants’ salary history, prohibit wage differentials based on protected class status, and ban…
Significant Expansion of Harassment Laws in New York State
Employers in New York State will soon be faced with greater potential liability for sexual harassment under legislation passed last week. The same law contains a variety of other changes governing workplace harassment. For a complete summary see our article…
Washington Supreme Court Confirms Higher Standard for Harassment at a “Place of Public Accommodation”
Under the Washington State Law Against Discrimination (“WLAD”), the statute prohibits “places of public accommodation” discriminating against individuals on the basis of sex, race, national origin, and sexual orientation. RCW 49.60.215. “Places of public accommodation” is broadly defined and includes…
New Jersey Hotels Must Provide “Panic Buttons”
New Jersey Governor Murphy signed Bill S-2986 into law on June 11, 2019 mandating that “larger” hotels protect workers from sexual violence, assault, and other acts of harassment and violence that can occur on hotel premises by co-workers and/or guests.…
Second Circuit: ADA Allows Hostile Work Environment Claims
By Diane Krebs
The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”). Fox v. Costco Wholesale Corporation. While this plaintiff-friendly ruling may be disappointing to employers, the decision also contains some helpful…