Wyatt Employment Law Report


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The Importance of Regular Harassment Training in the Workplace

By Sharon Gold

The end of 2017 saw a barrage of sexual harassment allegations in the news and, subsequently, the termination of multiple high profile men in the entertainment and corporate industries.  TIME magazine named the “Silence Breakers” as its “Person of the Year” for exposing the harassment that pervades the entertainment industry.  Thousands of women and men came forward on social media with the #METOO campaign with their own stories of harassment in the workplace.  What can an employer do to end harassment in the workplace?

Long before the recent wave of allegations, the EEOC created a Task Force and issued a report of recommendations to decrease sexual harassment in the workplace.  The primary findings were: Continue reading


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EEOC Files First Title VII Suits Alleging Discrimination Based on Sexual Orientation

By Michelle High

discriminationOn Tuesday, March 1, 2016, the Equal Employment Opportunity Commission (“EEOC”) filed two sex discrimination lawsuits in federal court that are premised upon the Commission’s position that sexual orientation discrimination is a violation of Title VII of the Civil Rights Act of 1964.

The first lawsuit filed by the EEOC was filed in the United States District Court for the Western District of Pennsylvania against Scott Medical Health Center.  In the suit, the EEOC alleges that a gay male employee was subjected to harassment because of his sexual orientation and/or because he did not conform to the employer’s gender-based expectations, preferences, or stereotypes. The employee’s immediate supervisor knew that Continue reading


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The EEOC Weighs in on HIV-Positive Workers

By Amanda Warford Edge

The Equal Employment Opportunity Commission (EEOC) has long considered HIV infection to be a disability within the scope of the Americans with Disabilities Act (ADA). From 1997 to 2014, the EEOC received in excess of 4,000 charges alleging ADA violations based on HIV status. In 2014, the EEOC resolved 197 charges and obtained over $800,000 for individuals who filed charges based on HIV status. The EEOC has also filed several lawsuits over the past few years against employers based on claims alleging failure to hire, discrimination and failure to accommodate individuals with HIV.

On December 1, 2015, in conjunction with World AIDS Day, the EEOC posted two publications that address HIV-positive workers. Through these publications, the EEOC makes clear that employers “cannot rely on myths or stereotypes about HIV infection when deciding what [they] can safely or effectively do.”

The first publication, entitled “Living with HIV Infection: Your Legal Rights in the Workplace Under the ADA,” removes all doubt that those with HIV: (1) have workplace privacy rights; (2) are protected from discrimination because of Continue reading