Discrimination Underlined.jpgIs An Employer Liable for Harassment by non-employees? This question was inspired by a recent discrimination lawsuit (PDF) filed by a Michigan nurse against her employer, Hurley Medical Center in Flint, Michigan. The lawsuit claims the employer agreed to a man’s request that no African-Americans care for his newborn baby.

While most parents of newborns would

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Recently a drunken day of debauchery at an Atlanta golf club resulted in a letter to the club president (PDF) recounting a lowbrow version of Caddyshack-like antics (apologies to Caddyshack aficionados).

But these antics are also a stark reminder about concerns every employer should have when it comes to preventing hostile work environment claims arising

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Any employee who has spent a fair amount of time in the workplace knows you will find people that are – politely speaking – simply jerks. That reality, however, becomes a nightmare if that jerk is your manager.  

But fortunately for companies, an employee’s nightmare does not always create a cause of action for a

Sexual harassment.jpgWhat’s a Presidential campaign without sex? Or at least allegations of sexual harassment?

In this regard, Politico reported that Herman Cain, a Republican presidential hopeful, engaged in conduct that resulted in at least two out-of-court settlements with women who complained they were subjected to inappropriate conduct by Mr. Cain. These settlements occurred while Mr.

Stop Sexual Harassment.jpgWhile the criminal charges against Dominique Strauss-Kahn have now been dismissed, his conduct and his employer’s response provides a textbook full of examples of how not to respond to sexual harassment in the workplace.

Sexual Harassment Overview

Under Title VII of the Civil Rights Act, there are two basic forms of actionable sexual harassment: 

Quid pro

Man in Drag.jpgUnder existing law, employers may avoid liability for hostile environment sexual harassment by supervisors under certain circumstances. But a “trailblazing” company may be challenging the status quo with a “too ugly to sexually harass” defense.

Current Hostile Sexual Harassment Defense Law

To avoid liability for sexual harassment for hostile environment harassment by supervisors under Title