Here’s what EEOC commissioner Kalpana Kotagal predicts for 2026.
Read MoreOur editors boast more than 60 years of experience in employment law and HR related topics. Find advice to those tricky issues such as when to terminate, as well as stay up to date with the latest regulations as they occur.
Here’s what EEOC commissioner Kalpana Kotagal predicts for 2026.
Read MoreLast month, we told you about a federal appeals case that ruled that an employer may not be liable for third-party sexual harassment that occurs off-premises even if the harasser is a client or customer. Now, another federal court has ruled that an employer isn’t liable for third-party harassment on the premises, either.
Read MoreThe American Law Institute recently approved a change to recommended interpretations of tort law to include employer liability for sexual assaults. Its recommendations are widely used by judges when deciding whether an employer broke the law.
Read MoreWhen investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.
Read MoreFor decades, the EEOC has taken the position that employers can be liable for sexual harassment by third parties like customers and clients if they knew or should have known that the harassment was taking place but didn’t take steps to stop it. Now, a recent federal appeals court has ruled that the EEOC’s position isn’t valid and the only way an employer can be held liable for third-party harassment is if it intended for the harassment to occur.
Read MoreNot everyone wants to spend their time deleting emails, blocking co-workers they don’t see eye to eye with or reading rants on message boards or “forward to all” emails. But employers sometimes don’t know when they can discipline over employees’ posts on and off company resources. Now, a federal appeals court has clarified some limits in a recent case.
Read MoreMake it a standard practice to retain every written document concerning employee complaints. If an employee ends up suing you, he may try to embellish the facts—or worse.
Read MoreTake a supervisor who promises a promotion or some other benefit in exchange for sex, and the subordinate agrees. Can that subordinate still sue for sexual harassment? The answer is a resounding “Yes!”
Read MoreSometimes, as happened in a recent case, management decides that rather than listen to the bystander, they’ll punish the messenger. That’s not going to play well with the EEOC.
Read MoreThe cardinal rule for racist slurs and jokes is this: Never ignore a complaint without an investigation or assume an innocent intent. And watch what you say in emails!
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