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Sexual harassment

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  • Sexual Harassment, our practice area
    Federal, state, and local laws protect employees from unwelcome sexual advances or demands and from being forced to work in a sexually hostile work environment. Despite these strong and well-established legal protections, sexual harassment continues to be a widespread problem and sexual harassment claims have risen steadily since the time of the Anita Hill-Clarence Thomas hearing in 1991.

  • Harassment in the Workplace, ALI-ABA Course of Study
    This chapter provides an overview of harassment employment law claims under Title VII and Section 1981, with an emphasis on sexual and racial harassment claims, and a briefer presentation of concurrent state civil rights remedies.

  • Sexual Harassment Law: A Brief Introduction for New Practitioners
    Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act et seq., and is a serious problem in the American workplace. During 2007 alone, the U.S. Equal Employment Opportunity Commission and related state agencies received 12,510 new charges of sexual harassment on the job.

  • Stall Tactics
    With two extremely disappointing Supreme Court decisions in the past year, the rights of women workers have been seriously eroded. The most recent blow to women's rights at work came on February 26 when the Court issued an opinion in Sprint United Management Co. v. Mendelsohn, an age-discrimination case which has great significance for all types of discrimination claims, including sexual harassment. The question before the court was whether plaintiffs can bolster their claims of discrimination by introducing testimony from employees who suffered similar discrimination by other supervisors at the same company. That sort of testimony is derisively referred to as "me too" evidence. Sprint and other businesses want to bar this form of "circumstantial" evidence, which is often crucial to plaintiffs in establishing their cases.

  • Meritor' at 20: Ills Persist
    This month marks the 20th anniversary of the U.S. Supreme Court's landmark sexual harassment case, Meritor Savings Bank v. Vinson, in which the court held that Title VII of the Civil Rights Act of 1964's bar on discrimination "because of sex" prohibited an employer from subjecting an employee to a sexually hostile work environment. Sexual harassment law has come a long way during this period, although there is still room for improvement.

  • Retaliation A-Z: Legal Analysis and Practice Tip
    Workplace retaliation claims - in which the plaintiff alleges that he or she was retaliated against for having exercised his or her rights under the anti-discrimination statutes - are an increasingly important component of employment discrimination litigation. Retaliation claims are comparable to, but distinct from, statutory discrimination and harassment claims.

  • The Right to Complain
    The boss retaliated when you claimed discrimination? A new ruling makes him pay. Even exclusion from lunch invitations at the workplace can support claims of retaliations.

  • Waging the P.R. battle
    Morelli attempted to resolve, privately and confidentially, Mackris' sexual harassment claims against Bill O'Reilly, the outspoken host of The O'Reilly Factor, for which Mackris worked as an associate producer. After participating in confidential settlement negotiations. Fox News and O'Reilly sued her, Morelli and Morelli's law firm for attempted extortion.

  • Constructive Discharge
    The U.S. Supreme Court's 2003-04 term featured few employment cases, little disagreement among the justices regarding their disposition and, on balance, more victories for plaintiffs than defendants. The court expanded the statute of limitation for certain claims brought under 42 U.S.C. 1981 and gave both plaintiffs and defendants something to applaud and decry in its decision on constructive discharge in the sexual harassment context. It rejected a theory of "reverse age discrimination," and declined to make a substantive ruling in a much-anticipated disability case, instead chastising the 9th U.S. Circuit Court of Appeals for applying the wrong analytical framework.

  • No Windfall After All
    Think filing a sexual harassment lawsuit is the key to a financial windfall? Consider Lisa Ocheltree's long and unavailing journey, and think again.

  • Victories for Workers
    Plaintiff Sheila White, a forklift operator at Burlington, complained about sexual harassment and was thereafter reassigned to the less desirable position of track laborer. Soon after filing an Equal Employment Opportunity Commission (EEOC) charge alleging discrimination and retaliation, she was suspended without pay, allegedly for insubordination.

  • Teen Workplace Harassment and the Foley Scandal
    Studies indicate that throughout America, sexual harassment on the job is a fact of life for many teens. A recently completed study by professors Susan Fineran and James Gruber found that 46.8 percent of female working students had been sexually harassed in the last year. In a previous study, Fineran had found that 35 percent of high school students who worked part time had experienced sexual harassment on the job.

  • Acting Above the Law
    In recent years, the Equal Employment Opportunity Commission has seen a marked increase in the number of sexual harassment complaints filed by teens and has initiated a crackdown on sexual harassment of teenagers. Young people are particularly vulnerable to sexual harassment on the job because of their typically low status and a lack of awareness about their rights in the workplace. Studies have shown that a startling number of teens face sexual harassment on the job.


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