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May 05, 1999 |

Preventing Sexual Harassment in the Workplace

This article details the extent of the nation's sexual harassment problem and the effects of workplace sexual harassment on victims, other employees, and employers, and sets forth practical guidance on how to prohibit, prevent and eradicate sexually harassing behavior.
16 minute read
July 28, 2003 |

Internet poses many issues for H.R. professionals

Internet law has developed in lockstep with the Internet, and both penetrate every aspect of a human resources professional's function. From handling employee data to accommodating disabled Internet users, to preventing security breaches that an employee's juvenile family members might cause from a computer in the home that is also used for work purposes, numerous new legal difficulties await the unprepared human resources professional. The following are some of the chief concerns.
11 minute read
November 27, 2006 |

Commentary: We Don't Need Statutory Protection for 'Innocent' Sellers

At least half the states have considered or enacted laws intended to reduce the risks of product liability suits for potential defendants other than product manufacturers. Such legislation is pending in Congress as well. Tom Stilwell of Fulbright & Jaworski writes that these "innocent seller" laws ignore the reality of product liability litigation and potentially create more disputes than they resolve. Moreover, Stilwell says, savvy plaintiffs usually have no trouble getting around them.
9 minute read
January 11, 2000 |

Court Lets Stand 1st Circuit Independent Contractor Ruling

Independent contractors ranging from lawyers to plumbers have new opportunities to sue their clients for creating a hostile work environment. On Monday, the Supreme Court let stand a 1st U.S. Circuit Court of Appeals decision which allowed such suits. The suit was brought by Mexican-American businessman Benjamin Guiliani. He claimed racial hostility by officials of a Wal-Mart store in Augusta, Maine, resulted in a hostile environment and the termination of his contract to sweep the store's parking lot.
4 minute read
July 24, 2013 |

Employment Law: Court Decisions Focus On Harassment, Retaliation

In two 5-4 decisions under Title VII of the Civil Rights Act of 1964, the U.S. Supreme Court has defined new standards for who qualifies as a "supervisor" in employment workplace harassment cases, thereby changing the standard now applied in the Second Circuit.
10 minute read
August 11, 2003 |

Big Firms Begin Hiring for Upturn

Expecting an upswing in the economic cycles, some big law firms are beefing up practices they believe will help them capture renewed demand for corporate, international, and other legal work.
6 minute read
July 09, 1999 |

Court Adopts Strict Test for Harassment Liability

Davis v. Monroe County Board of Education, saw a Supreme Court engaged in high-handed policy making and legislative efforts once again. In defining when sexual harassment of students by other students violates Title IX of the Education Amendments of 1972, the Court created a new and onerous standard of liability.
7 minute read
May 09, 2002 |

Employers Should Insure Against the Coming Storm

The number of employment discrimination cases filed in federal courts nearly tripled in the 1990s, according to the U.S. Department of Justice. These figures, however, do not capture fully either the number or the types of employment-related claims that employers face today. With the continuing rise in employment lawsuits being filed each year, the need for insurance coverage in this area is more compelling now than ever.
9 minute read
December 17, 2003 |

Not at Face Value

In a much-anticipated ruling, the California Supreme Court found in November that the affirmative defense to Title VII harassment claims first articulated by the U.S. Supreme Court in two companion cases cannot be used by employers to avoid liability for harassment claims brought under the Fair Employment and Housing Act.
7 minute read
December 06, 1999 |

The Outsider

Not since the 1890 Harvard Law Review article by Charles Warren and Louis Brandeis initiated the cause of action for violation of privacy has an author been as closely identified with a new cause of action as Catharine MacKinnon has been with sexual harassment. MacKinnon proposed a radical view of sexual harassment that did much to set the terms of future debate.
5 minute read

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