Blog: sexual harassment

 

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New Non-Disclosure and Non-Disparagement Restrictions โ€“ โ€œMe Tooโ€ Movementโ€™s Continued Impact on the Workplace!

Posted on January 5, 2023 by
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The Speak Out Act (โ€œActโ€) became law on December 7, 2022.  The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment (โ€œsexual misconductโ€).  The Act applies to disputes regarding alleged sexual misconduct that occur after December 7, 2022.  A full version [โ€ฆ]

The NLRB Announces a Major Reversal on Employee Policies and Handbooks

Posted on December 21, 2017 by
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We have reported in blog articles and seminars in recent years on decisions by the National Labor Relations Board (NLRB) that invalidated employee policies and handbook provisions which sought, among other things, to promote workplace civility and reasonable behavior.  Last week the NLRB overturned the 2004 case that started that trend. In the 2004 case, [โ€ฆ]

Exclusive Remedy of Workerโ€™s Compensation Bars State Law Claims for Emotional Distress

Posted on February 1, 2016 by
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The federal District Court for the Eastern District of Wisconsin dismissed two state law emotional distress claims in a lawsuit based on the exclusive remedy provision of the Wisconsin Workerโ€™s Compensation Act (WCA).  The employee filed suit under the Americans with Disabilities Act (ADA) alleging that the failure of her employer to provide requested leave [โ€ฆ]

Supreme Court Hands Employers Victory: Court Adopts Narrow Definition of โ€œSupervisorโ€ in Sex Harassment Cases

Posted on May 20, 2014 by
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Yesterday, the Supreme Court of the United States issued its long-awaited opinion in the Vance v. Ball State case. The Court established the proper definition of โ€œsupervisorโ€ under Title VII of the Civil Rights Act of 1964 (which governs, among other things, sexual harassment under federal law). The Court espoused the Seventh Circuit approach (the [โ€ฆ]

The Ultimate Bait and Switch? Female Job Applicant Who Claims She Was Forced to Perform Sexual Favors as Part of โ€œApplication Processโ€ has no Title VII Claim Because the Job she was โ€œApplying forโ€ Did Not Exist.

Posted on May 15, 2014 by
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The story begins when Phil Vanaria, an employee of Cook Countyโ€™s Oak Forest Hospital learns from a friend that Krystal Wilson, an out-of-work massage therapist, was offering to perform massages at her home studio. Vanaria contacted Wilson regarding her services, and suggested there may be some positions open at the Hospital for which she would [โ€ฆ]