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August 12, 2005 |

A Tragedy of Manners

Sexual harassment law has broken loose of its moorings, argue David Kadue and Thomas Kaufman. The state Supreme Court proved that last month by equating workplace sexuality with gender discrimination.
6 minute read
August 15, 2005 |

Sexual Harassment Laws Moving Beyond Their Original Purpose

Sexual harassment laws designed to ban disparate treatment of men and women have turned into bans on many forms of indecent behavior in the workplace, even when gender discrimination does not necessarily result. For example, the California Supreme Court in Miller v. Department of Corrections recognized a harassment claim where two women asserted their boss created a sexually hostile environment by showing favoritism to his lovers. Attorneys David Kadue and Thomas Kaufman examine this legal shift.
6 minute read
May 09, 2002 |

Age Discrimination May Be Next Frontier for Employers

There is no question that an employee who endures a hostile work environment because of race or sex discrimination may file a viable claim against his or her employer under Title VII of the Civil Rights Act of 1964. But what about the employee who alleges a hostile work environment or disparate impact based on age?
9 minute read
September 13, 2010 |

Indemnity Protection Extends to Contractors

On Aug. 20, the Texas Supreme Court effectively issued free liability insurance to contractors sued in products liability cases when it decided Fresh Coat v. K-2, says Jason J. Irvin. Its characterization of contractors as "sellers" for purposes of indemnity will make indemnity suits commonplace in cases where plaintiffs sue both manufacturers and contractors alleging construction defects.
4 minute read
October 28, 2004 |

Court Must Consider Social Context in Hostile Work Environment Claim

A recent decision by the 2nd Circuit clarifies what evidence is sufficient to support a hostile work environment claim under Title VII. The opinion held that such a claim could be brought even if men and women were equally subjected to the same offensive conduct. The court explained that it was required to consider the social context in which harassing behavior occurs and to determine whether the offensive conduct at issue was more demeaning to women than to men.
12 minute read
May 21, 2007 |

Microinequities: Can bad behavior be actionable?

Companies across the nation are training employees on "microinequities," the subtle putdowns, snubs, dismissive gestures or sarcastic tones that can undercut employee performance and encourage employee turnover.
10 minute read
September 28, 2007 |

FDIC appointed receiver for NetBank, which failed because of loan defaults and other problems

WASHINGTON AP - An online bank based in the Atlanta suburbs with $2.5 billion in assets was shut down by the government on Friday because of an unsustainable level of mortgage defaults.Federal regulators appointed the Federal Deposit Insurance Corp. as a receiver for Alpharetta, Ga.-based NetBank Inc., the largest thrift to fail since the tail end of the savings and loan crisis nearly 15 years ago.
2 minute read
October 09, 2006 |

Acting above the law

The U.S. Congress appears to be competing with the retail and food service industry when it comes to addressing the problem of sexual harassment of teenage employees by adults.
5 minute read
February 01, 2010 |

Just Made Partner? Watch Your Behavior

Lawrence R. Sandak, a partner at Proskauer Rose, and Keisha-Ann G. Gray, a senior counsel with the firm, write that the same jokes, banter and remarks that offended no one when made by an associate unfortunately can be taken as offensive or even harassing by those who, due to the associate's promotion, no longer consider the newly elevated partner as "one of them." New partners should exercise their authority with respect, and consider the impact of their new title on their behaviors and workplace interactions. In this way, they can best enjoy the benefits of their promotion without unwittingly becoming susceptible to harassment claims.
11 minute read

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