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• Supreme Court Clarifies Application of Faragher/Ellerth Defense Where Employees Claim Constructive Discharge ( May 2006 )
  Joel W. Rice of Fisher & Phillips LLP

  In a significant percentage of sexual harassment cases, the employer's first notice of any problem is after the complaining employee has quit and filed a charge of discrimination with the Equal Employment Opportunity Commission or a state agency. Typically, the employee claims that the very same supervisory conduct that amounted to a hostile environment (and, hence, actionable sexual harassment) also forced the employee to resign. The employee then complains that his or her constructive discharge was a "tangible employment action" that prevents the employer from asserting the now familiar Faragher/Ellerth affirmative defense to liability in instances of supervisory sexual harassment.

• Raising an Affirmative Defense to Constructive-Discharge Claims in Hostile-Work-Environment Cases ( May 2005 )
  Athena M. Papachronis Herman of Benassi & Benassi, P.C.

  The United States Supreme Court has issued a "must read" regarding Title VII of the Civil Rights Act of 1964. In Pennsylvania State Police v Suders, the Court established under what circumstances an employer may assert an affirmative defense to a claim of a hostile work environment created by a supervisor that culminates in a constructive discharge.

• California Supreme Court Affirms Strict Liability for Supervisor Sexual Harassment But Applies "Avoidable Consequences" Doctrine to Limit Damages ( April 2004 )
  Catherine L. Dehlin of Quarles & Brady LLP

  In a highly anticipated decision for employment lawyers and their clients, on November 24, 2003, the California Supreme Court ruled in <i>State Department of Health Services v. McGinnis</i> that California's Fair Employment and Housing Act (FEHA) imposes strict liability on employers for all acts of sexual harassment by a supervisor. However, the Court also gave some hope to employers having to defend such cases.

• Training About Sexual Harassment Can Make All The Difference ( March 2001 )
  David A. Anderson of Parsons Behle & Latimer

  In real estate, the saying goes, it's all about location. In the law governing workplace sexual harassment, it's turning out to be all about training.

• Sexual Harassment-The Roadmap to Avoid Liability ( August 2000 )
  Michelle E. Coburn of Thompson, Coe, Cousins & Irons, LLP

  This article outlines the path an employer must travel to sustain the affirmative defense in sexual harassment lawsuits.

• The Jackson Lewis Ten Step Response to the New Rules on Workplace Sexual Harassment ( December 2000 )
  Jackson Lewis, LLP

  This article examines how employers should implement ten preventive measures to protect itself against sexual harassment in the workplace.

• Complaints To Wrong Managers ( December 2000 )
  Sandra K. Weeks of Parsons Behle & Latimer

  A recent decision from the United States Court of Appeals for the Eleventh Circuit demonstrates the importance of having a well-drafted and enforced anti-harassment policy. The employees in the case claimed that the store manager at a Publix Supermarket created a hostile work environment through inappropriate touching and comments.

• New EEOC Policy Guidance Examines Vicarious Employer Liability for Workplace Harassment and Much More ( August 2000 )
  Nixon Peabody LLP

  This article reviews the recent EEOC policy guidance which addresses vicarious employer liability for supervisor harassment.