Employers' Vicarious Liability for Sexual Harassment

Under Title VII of the Civil Rights Act of 1964, adverse discrimination of employees on the basis of sex is unlawful. Included within this prohibition is sexual harassment. The Supreme Court has clearly determined that when a supervisor sexually harasses a subordinate, the employer may be found liable for that conduct.

Employer Liability for Workplace Violence

Although the term "workplace violence" may conjure images of an armed disgruntled employee entering his or her current or former place of work and opening fire on supervisors or fellow employees, such incidents make up a very small percentage of all workplace violence. Much more common are harassment and intimidation, assault, robbery, and even spousal violence directed towards employees in the workplace, which contribute to over 1,000 workplace homicides per year and thousands more injuries. For cases that evolve into lawsuits, the average settlement for an incident of workplace violence is $500,000 and the average jury award is $3 million.

Disabilities-Related Pre-Employment Screening

The Americans with Disabilities Act of 1990 (ADA) was passed to protect most American workers from discrimination on the basis of disabilities. Under the ADA, employers may not deny employment to or take adverse employment action against disabled employees who can perform the essential functions of their jobs with reasonable accommodation. The Equal Employment Opportunity Commission (EEOC) is tasked with enforcing the ADA.

The Employee Benefits Security Administration-Enforcement of ERISA Disclosure and Reporting Requirements

The Employee Retirement Income Security Act of 1974 (ERISA) regulates how private-sector employee benefit plans are administered and requires benefit plans to provide information about plans and changes to the plans to both the federal government and to plan participants and beneficiaries. The Employee Benefits Security Administration (EBSA), an agency of the United States Department of Labor, has the responsibility of administering the fiduciary, reporting, and disclosure provisions of ERISA. Prior to 2003, the EBSA was known as the Pension and Welfare Benefits Administration, which prior to 1986 was known as the Pension and Welfare Benefits Program. In 1986, the program was also upgraded to sub-cabinet classification. The EBSA also oversees the fiduciary and auditing aspects of the Thrift Savings Plan that was established under the Federal Employees' Retirement System Act.

Collective Bargaining and the Railway Labor Act of 1926

Background