Labor & Employment — McDonnell Douglas Retaliation Test Unchanged
Foster v. University of Maryland-Eastern Shore (Lawyers Weekly No. 15-01-0529, 29 pp.) (Floyd, J.) No. 14-1073, May 21, 2015; USDC at Baltimore, Md. (Grimm, J.) 4th Cir. Holding: The 4th […]
Claims against former Iredell detective settle for $475K
Two women who accused an Iredell County Sheriff’s Office investigator of sexual harassment in 2012 will be paid a total of $475,000 after settling their claims in mediation. Suzanne Wick […]
Iredell sheriff, deputy settle harassment lawsuit
CHARLOTTE (AP) — Iredell County Sheriff Phillip Redmond and one of his deputies have settled two women’s allegations they were sexually harassed by the former head of a police agency’s […]
Labor & Employment – Retaliation – Sexual Harassment Complaint – Performance Action Plan – Termination – Hostile Environment Claim – Tort/Negligence – Emotional Distress
Castonguay v. Long Term Care Management Services, LLC (Lawyers Weekly No. 14-03-0400, 40 pp.) (Thomas Schroeder, J.) 1:11-cv-00682; M.D.N.C. Holding: Although he had complained about sexual harassment a few weeks […]
Sex harassment case settled after workers’ comp gambit fails
A medical clinic that sought to have a sex harassment lawsuit against it heard in part as a workers’ compensation matter settled the complaint after a federal judge denied that […]
Boys gone wild? Feds ignored complaints that office on the USC campus was a cauldron of sex harassment, suit claims
A Department of Justice employee has sued U.S. Attorney General Eric Holder alleging that his agency turned a blind eye to rampant gender discrimination and sexual harassment at a federal […]
Judge says UNC failed to protect housekeeper
An attorney is praising an administrative judge's ruling that the University of North Carolina at Chapel Hill failed to protect a housekeeper from sexual harassment.
Labor & Employment – Civil Rights – Title VII — Sex Discrimination – Sexual Harassment – Stalking & Threats — Defamation
Dulaney v. Packaging Corp. of America A female production worker at a Roanoke packaging plant who alleges the male employee who supervised her shift sexually harassed her by stalking her, threatening her with disciplinary action if she did not have sex with him and told other employees she was a “whore” and had a sexually transmitted disease, can pursue her Title VII claim, as the 4th[...]
Workers’ Compensation – ‘Arising Out Of’ – Sexual Harassment – Medical Treatment – 17 Years
Cagle v. Marriott/Guilford College Even though the defendant-employer treated plaintiff’s sexual harassment claim as a workers’ compensation issue and paid her therapy expenses for 17 years, plaintiff’s sexual harassment by her supervisor did not arise out of her employment. Therefore, the Industrial Commission lacks jurisdiction over her claim.
Labor & Employment – Civil Rights – Sexual Harassment — Faragher/Ellerth Defense
Walton v. North Carolina Department of Agriculture The defendant-employer had an effective anti-harassment policy in place, plaintiff was trained in the policy, and plaintiff was the employee who posted the policy in the workplace. When plaintiff finally reported the harassment to defendant Brogden’s superior, the superior convinced Brogden to resign immediately. Even though Brogden[...]
Labor & Employment – Discrimination – Sexual Harassment – Municipal – Public Employees
Okoli v. City of Baltimore A woman whose boss, head of a Baltimore aging agency, “forcibly kissed her, fondled her leg, propositioned her, asked sexually explicit questions, described sexual activities he wished to perform and then, after she spurned the advances and filed a harassment complaint, fired her,” stated claims for hostile environment, quid pro quo harassment and retaliatio[...]
Civil Practice – Discovery – Rule 35 – Psychiatric Exam – Sexual Harassment Claim – Specific Diagnoses
Walton v. North Carolina Department of Agriculture. (Lawyers Weekly No. 11-02-0329, 8 pp.) (Louise W. Flanagan, Ch.J.) E.D.N.C. Holding: Even though plaintiff’s emotional distress claims have been dismissed, her psychiatric […]
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