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Category Archives: Harassment

April 14, 2018

New Tax Code Provision Disallows Deductions for Some Settlements

A little-discussed provision in the Tax Cuts and Jobs Tax Act (“Act”) signed into law earlier this year by President Trump may increase the after-tax cost for companies to settle sexual harassment or sexual abuse claims. The Act will now disallow a business deduction for amounts paid to settle such claims, including attorneys’ fees, if  Read More arrow

January 19, 2018

“#MeToo” Is a Reality, and It Is Not Going Anywhere

It is a nightmare scenario for any manager – A secretary in your company shares a “#MeToo” experience on social media, implicating another of your employees. You have not seen the post, but your assistant has and mentioned it to you as soon as you entered your office.  You soon learn that other employees and  Read More arrow

December 8, 2017

NJ Seeks to Limit Arbitration of Employment-Based Claims

S-3851, which was introduced on December 4 by Senator Loretta Weinberg (D-Bergen), would bar provisions in employment contracts that waive any substantive or procedural right or remedy relating to a claim of discrimination, retaliation or harassment.  The bill prohibits the waiver of any right or remedy under the NJ Law Against Discrimination or any other statute or  Read More arrow

November 16, 2016

Seventh Circuit holds that Title VII Does Not Apply to Sexual Orientation Claims

Tuesday, November 1, 2016 In Kimberly Hively v. Ivy Tech Community College1, the U. S. Court of Appeals for the Seventh Circuit decided that Title VII of the Civil Rights Act of 1964 does not protect employees from discrimination based on sexual orientation. The plaintiff, a teacher, claimed she was denied full employment and a  Read More arrow

March 2, 2016

EEOC CHALLENGES PRIVATE EMPLOYERS ON WORKPLACE DISCRIMINATION AGAINST GAYS

For the first time, the Equal Employment Opportunity Commission has filed cases against employers accusing them of discrimination based on sexual orientation. In an action against Scott Medical Health Center in Pittsburgh, the EEOC alleges that a supervisor subjected a gay employee to anti-gay epithets, and when he complained to the Center’s management, no action  Read More arrow

February 4, 2016

To “Air” is human

In a case of first impression, a woman has brought a discrimination-by-association suit under the ADA against her former employer. She claims that she suffered a hostile work environment as a result of her husband’s firing for having unrestrained flatulence. She had served as her husbands assistant and quit when he was fired. He had  Read More arrow

September 23, 2015

Affirmative Defense for Employers in Sexual Harrassment Cases

In addition to being potentially liable for negligence for failing to take measures to prevent sexual harassment in the workplace, an employer also may be vicariously liable for a supervisor’s actions if he or she sexually harasses another in the workplace. The New Jersey Supreme Court in Aguas v. State, recently recognized an affirmative defense  Read More arrow