Cases Clarifying Obligations in Discrimination and Hostile Work Environment Claims Added to Litigation Chapter

Author: Michael C. Jacobson, XpertHR Legal Editor

The Litigation chapter of XpertHR's Employment Law Manual has been updated to reflect two recent cases which illustrate employer obligations and litigation strategies when facing discrimination and hostile work environment claims.

The EEOC Investigations and Litigation section now makes reference to EEOC v. Wedco, Inc., +2013 U.S. Dist. LEXIS 33880 (D. Nev. March 11, 2013), in which a federal court held that once the Equal Employment Opportunity Commission (EEOC) has made a "conciliation attempt" (attempt to settle a pending claim prior to litigation) the employer is obligated to participate in the negotiation process, even if it has no real intention of reaching a settlement.

Additionally, the Hostile Work Environment section cites Vescera v. DRS Laurel Techs., +2013 U.S. Dist. LEXIS 35868 (W.D. Pa. March 15, 2013), in which a federal court addressed an allegation of a hostile work environment and harassment by a co-worker - as opposed to a supervisor. In these situations, the court found that the complaining employee is obligated to establish the employer's responsibility for the action of the co-worker accused of harassment.

Additional Resources

Conduct an Internal Investigation After Receiving a Complaint of Sexual Harassment

Age Discrimination Remains Target for EEOC in Recent Cases