The EEOC settled its sexual harassment and retaliation case against Ojos Locos Cantina in New Mexico earlier this month for $700,000, as well as injunctive relief described below. The EEOC’s complaint The EEOC alleged that, among other things, female employees at Ojos Locos Cantina were subjected to: Receiving an unwelcome photograph of a supervisor’s … Continued
A federal jury awarded over $13 million in damages to a single plaintiff in a sexual harassment/hostile work environment case brought under Title VII and New York State Human Rights Law (NYSHRL). The award, however, is likely to be reduced since the jury awarded more than $11 million for punitive damages under Title VII. Under … Continued
Law 360 spoke with Eric Bachman and other employment attorneys about key steps that corporate and other employers should take to help prevent sexual harassment in 2018. Here are five important takeaways: Tone at the top is vital To institute a truly effective anti-harassment policy, the senior executives and managers at the company must buy … Continued
This past week, a federal jury in South Dakota awarded $1.2 million in damages to a former Special Agent with the South Dakota Division of Criminal Investigation (DCI). The jury’s verdict found that DCI had retaliated against and sexually harassed former Special Agent Laura Kaiser. The case Kaiser filed her complaint in federal court in … Continued
Eric Bachman recently caught up with Lifehacker to explore the various options to effectively report sex harassment at work. Why harassment is often not reported According to the Equal Employment Opportunity Commission (EEOC), only about 30% of employees who are harassed at work actually report it to someone at work. “In other words, based on … Continued
High-profile sexual harassment cases and issues have been splashed all over the news for months now. What sometimes gets lost in the conversation, however, is the fact that the dearth of women in the most senior/powerful positions in many of these companies (the glass ceiling) helps perpetuate a workplace culture in which sexual harassment is … Continued
Eric Bachman was recently interviewed on “The Why” news program to discuss the interplay between arbitration agreements and sexual harassment and employment discrimination cases. What is arbitration? When parties agree to arbitrate, it generally means they’ve agreed not file a case in court. Instead, their legal dispute will be heard by a private, neutral, third … Continued
With all the news stories about sexual harassment allegations in Hollywood, the tech industry, and the media, it may seem like the only viable harassment claims are those with blatant evidence and, in some cases, allegations of sexual assault. The law, however, protects against many different kinds of harassment, and simply because your case does … Continued
A federal court denied summary judgment in a recent case involving sexual harassment, constructive discharge, and retaliation claims, clearing the way for a jury trial. The ruling is notable because it is relatively rare for a court to find that a plaintiff presented sufficient evidence of constructive discharge to warrant a jury trial on the claim. Also, … Continued
Lawyers occasionally refer to a “constructive discharge” claim when talking about an employee who has involuntarily resigned from their job. Sometimes it’s referred to as constructive termination, constructive dismissal, or constructive discharge. But it all boils down to a basic question: were your working conditions so unbearable that you had no other choice but to quit … Continued
