Category archives for Sexual Harassment

Fourth Circuit Limits Scope of EEOC Charge

Under Title VII, an employee suing for discrimination or retaliation must first file an administrative charge of discrimination with the EEOC or a state or local fair employment practices agency.  The purpose of this requirement is to ensure that the employer is put on notice of the allegations, and that the administrative agency is given […]

Supreme Court to Revisit Faragher/Ellerth Defense to Harassment Claims

Soon after Thanksgiving, next Monday in fact, the Supreme Court will hear oral argument on a case of immense importance to employers, employees, and the employment law community.  In Vance v. Ball State University, the Court will address the question of who is a “supervisor” in the context of harassment cases under Title VII of […]

Of Petraeus, Paramours, and Email

As someone who has represented employers in employment law matters for more than 25 years, I have seen more than a few high level executives brought down by extramarital dalliances.  Married CEO’s who end up in bed with an administrative assistant; sales executives who send racy emails to a subordinate while sipping their fourth Jim […]

You Can’t Have Your Sex Harassment Cake and Eat It Too …

In order for a plaintiff in a sex harassment case to prevail on a claim of hostile work environment sex harassment, the employee must show that the offensive behavior was unwelcome.  On September 17, 2012, a federal court in Illinois relied upon this principle of law to reject a harassment claim brought by a U.S. […]

Title VII is Not Exclusive Remedy for Discrimination Claims by Public Employees

By Eric Paltell  Unlike private sector employees, persons employed by state and local governments have workplace rights conferred upon them by the United States Constitution. A recent court decision from the United States Court of Appeals for the Eighth Circuit held that these Constitutional rights allow public sector employees to pursue discrimination claims even if […]

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