The Minnesota Supreme Court recently issued what could turn out to be a significant opinion on the legal standard governing sexual harassment cases under the Minnesota Human Rights Act (MHRA). At issue in Kenneh v. Homeward Bound, Inc. (Minn. 6/3/2020) was whether the requirement that workplace harassment be “severe or pervasive,” adopted from
harassment
Employers in Long Term Care Industry Face Enhanced Risk of Employee Harassment Claims Based upon Conduct of Patients
By Patrick Smith on
Claims of sexual harassment typically involve the behavior of fellow employees. But, an employer’s potential liability for sexual harassment also extends to conduct by a non-employee, such as a customer, client, or patient, that creates a hostile work environment.
The principle of employer liability for harassment by a non-employee third-party presents particular challenges to the…
What Does the Fox News Settlement with Gretchen Carlson Mean for Ordinary Employers?
By Patrick Smith on
The headline was Fox News agreed to pay $20 million to its former anchor Gretchen Carlson to settle a sexual harassment lawsuit against its former CEO Roger Ailes. This is an extraordinary settlement, and not just because of the amount. Fox News agreed to a public settlement (usually they are confidential); publicly apologized to…