Reading the Second Circuit’s decision in Duch v. Jakubek (decided on Friday, December 4th), a distinct image came to mind: The ostrich who sticks its head in the sand. Why the ostrich? Because, the Duch case discusses what to do with a supervisor who purposely ignores evidence of sexual harassment. And the court concludes that the… Continue Reading
Tag Archives: prompt remedial action
For Complaints of Sexual Harassment, Using the “Goldilocks” Approach May Be Just Right
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationWith complaints of sexual harassment, there is a tendency of some employers to overreact. The employer may decide to terminate an otherwise successful employee on the basis of one incident — no matter the context. Some employers, of course, might simply ignore the problem altogether. But another group of employers uses a "Goldilocks" approach to the… Continue Reading
Second Circuit Reinforces Notion that Summary Judgment Difficult to Achieve for Employers in Harassment Claims
Posted in Discrimination & Harassment, LitigationSummary Orders (in other words, decisions with no precedential value) by the Second Circuit typically are not worth noting. However, a decision released today is telling for the court’s view of race and gender discrimination cases and it can be cited by parties under certain limitations. In Williams v. Consolidated Edison of New York, the… Continue Reading
