Workplace Sexual Harassment Law

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The Fourth Circuit Court of Appeals in Ray v. International Paper Company, released on November 28, 2018, overturned a lower federal court’s decision to dismiss Tamika Ray’s sexual harassment, hostile work environment, and retaliation claims against her employer, International Paper Company, for lack of sufficient evidence to support her claims. The FourthCircuit found Ms. Ray had presented sufficient evidence to survive summary judgment and to allow a jury to decide her claims. Tamika Ray…
  Si usted tiene una demanda de acoso sexual laboral, lo que usted reporta inicialmente a la Comisión de Igualdad de Oportunidades de Empleo (Equal Employment Opportunity Commission en inglés), y cómo lo reporta, puede afectar su demanda legal en las cortes. Antes de interponer una demanda de acoso sexual laboral en contra de su empleador bajo el Título VII de las leyes de Estados Unidos, la vícitma debe de primero presentar cargos con…
A Florida appellate court reversed a lower trial court’s decision to summarily dispose of a guidance counselor’s workplace sexual harassment claim against the Broward County School Board for the conduct of the principal of the school where she worked. The lower court had ruled that Cherellda Branch-McKenzie, the guidance counselor, did not provide evidence to support her claim sufficient for proceeding to trial. The Fourth District disagreed with the lower court in Branch-McKenzie v. Broward
On Sunday night, the New Yorker published a piece by Ronan Farrow and Jane Mayer regarding sexual assault allegations against U.S. Supreme Court nominee, Brett Kavanaugh, from his freshman year at Yale. The article was published on the heels of the first victim, Dr. Christine Blasey Ford, agreeing to testify before the Senate Judiciary Committee regarding her allegations that Judge Kavanaugh sexually assaulted her when they were high school students. A third unidentified woman
Escuchamos sobre el acoso sexual en las noticias, pero quizás ustedes se preguntan cuál es la definición de acoso sexual? Hay acaso diferencias entre las leyes federales y las leyes de la Florida? Bajo las leyes federales, el acoso sexual as una forma de discriminación sexual que viola el Título VII de la Ley de Derechos Civiles de 1964. Es illegal el acosar a una persona debido a su sexo. El acoso puede incluir acoso…
If you have a claim for workplace sexual harassment, what is initially reported to the Equal Employment Opportunity Commission (“EEOC”), and how it’s reported, may affect your legal claim in court. Before filing a lawsuit based on workplace sexual harassment against an employer under Title VII, a victim is required to file a charge with the EEOC. The EEOC then issues a “right to sue” notice, which allows the victim to file his/her claim in…
The world’s third largest airline has been accused of failing to protect a female flight attendant from years of harassment by a male pilot. The Washington Post reports that the Equal Opportunity Employment Commission filed a lawsuit in federal court in Texas last week, alleging that the airline refused to take action against a pilot who posted compromising photos of the attendant online, even after she complained to her superiors and the pilot was arrested…
Beyonce, as usual, is making headlines with her September issue of Vogue and a candid interview with her thoughts on all sorts of topics, including, the legacy she wants to pass on to her kids. She wants her daughters to see themselves in books, films, as CEOs, and knowing that they don’t have to fit a certain mold. When it comes to her son, she says: I hope to teach my son not to fall…
It occurs to me that a more positive, not-everything-is-bad post is in order. My past posts have addressed the employee-employer imbalance of power, advocated an end to mandatory arbitration, and criticized the Senate version of the proposed, revised Congressional Accountability Act. However, progress has nonetheless been made these past months (at least I think so) and so it makes sense we take stock. Jodi Kantor, of the (failing) New York Times [yes, that is a…
We hear about sexual harassment in the news, but you might be wondering how is sexual harassment defined? Is there a difference between federal law and Florida law? Under federal law, sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. It is unlawful to harass a person because of that person’s sex. Harassment can include sexual harassment, unwelcome sexual advances, requests for sexual favors, and…