Discrimination and Harassment Law and Practice

I was quoted in a piece published in Business Insurance discussing the Supreme Court’s review of three cases related to sexual orientation and gender identity discrimination protections under Title VII of the Civil Rights Act of 1964.

Two of the cases, Melissa Zarda et al. v. Altitude Express and Gerald Lynn Bostock V. Clayton County, will be heard together. Both cases include employees contending they were fired from their jobs due to their sexual orientation.

The third case, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, will be heard separately. In that case, the Sixth Circuit in Cincinnati ruled in favor of a transgender worker who was fired when she told her funeral home employer she was undergoing a gender transition from male to female.


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Bass, Berry & Sims invites you to a complimentary seminar focusing on trending areas of labor & employment law.

Topics will include:

  • FMLA/ADA Considerations for Leaves of Absence: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA and the ADA, including a detailed discussion of the EEOC’s position with respect to extended leave as a reasonable accommodation.
  • Preventing and Addressing Workplace Violence: A comprehensive discussion of workplace violence, including strategies for preventing and properly addressing acts of violence in the workplace.
  • An Employers Approach to Reducing Harassment: Questions employers should ask as they strive to reduce harassment in the workplace and cultivate a healthy working environment.

EVENT DETAILS:


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In an article published in the Nashville Business Journal’s Largest Employers special report on July 6, 2018, I provided a column highlighting three important questions for employers to ask as they strive to reduce harassment in the workplace and cultivate a healthy workplace environment. The effectiveness of an anti-harassment policy often comes down to employee perception of how the policy is enforced, trained and embraced by leadership, so it is important that employers are mindful of the answers to these questions:

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Bass, Berry & Sims and HR Professionals Magazine invite you to join us for a complimentary seminar focused on addressing, reducing and preventing sexual harassment claims in the workplace.

  • Harassment Law Refresher: A high-level review of harassment law.
  • Conducting Effective Internal Investigations: A discussion of best practices for conducting internal investigations into harassment claims.
  • The “Company Culture” Issue – How to Reduce Harassment in the Workplace: Strategies for reducing harassment in the workplace and developing a safe culture.

EVENT DETAILS:


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Bass, Berry & Sims attorney Tim Garrett discussed the implications of the ruling holding responsible the University of Connecticut Health Center for the sexual harassment of an employee by a fellow co-worker. In the ruling, the court found that the University of Connecticut Health Center did not take proper steps to alert supervisors of the co-workers prior harassment history which, therefore, prevented the supervisors from properly monitoring his behavior and allowed the misbehavior to occur. According to Tim, “While employers likely can’t monitor their staff at all times and eliminate all workplace harassment, they likely need to have a ‘heightened sense of awareness’ when an employee has been disciplined in the past, and companies will have a greater responsibility to monitor and investigate any allegations in those situations.”

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Tim Garrett Discusses Cooper Tire Case with HR ProfessionalsI provided an update on the August 2017 decision by the Eighth Circuit Court of Appeals ruling that a picketing worker from Cooper Tire should not have been fired for yelling racist insults at a busload of African-American replacement workers. The Eighth Circuit’s decision affirmed the National Labor Relations Board’s (NLRB) decision that the company

In an article published earlier this year, I asked the question whether the National Labor Relations Act (NLRA) protects racist insults.  In a decision rendered on August 8, 2017, a majority of an Eighth Circuit panel, over a vigorous dissent, answered “Yes” – that the NLRA does protect racist insults by a picketing worker.

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Ohio just passed a new law that could begin a trend favorable to employers. The new law allows Ohio’s Civil Rights Commission, in its discretion, to award attorneys’ fees and costs to employers who are found not to have unlawfully discriminated against an employee. Why is this important?

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For the first time since 2002, the Equal Employment Opportunity Commission (EEOC) has updated its guidance on national origin discrimination in the workplace in an effort to address important legal developments over the past 14 years. In 2015, the EEOC reported 11 percent of the charges filed alleged national origin discrimination. The EEOC’s recent Strategic Enforcement Plan for 2017-2021 includes protecting immigrant and migrant workers from discrimination as a top substantive priority, and this guidance is another step toward increasing the EEOC’s enforcement efforts in this area. Of course, with the election of President-elect Donald Trump last month, the EEOC’s guidance is subject to change. However, the guidance is a useful tool to analyze employers’ existing policies and practices of preventing national origin discrimination with an eye toward the EEOC’s focus for enforcement action.

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