Employment Law

Hostile Work Environment Claim Dismissed Where Employer Took Prompt Action Following Report, and Had a Comprehensive Harassment Policy in Place

September 8, 2008

D.M. v. Walgreens Pharmacy, Inc., 2008 WL 2917121 (App. Div., July 31, 2008) – The Appellate Division here affirmed dismissal of a sexual harassment/hostile work environment claim where the employer took prompt action to investigate and remedy the situation and the employer had in place a well-publicized, comprehensive anti-harassment policy, which the employer took affirmative steps to disseminate through an orientation program. Significantly, the plaintiff’s claim that she never received the orientation or policy, which is frequently alleged by sexual harassment plaintiffs, was insufficient to salvage her claim, in light of testimony by other employees that the policy was disseminated at orientation. The D.M. case reemphasizes the extreme importance of adopting and effectively disseminating a non-harassment policy and responding promptly to complaints received under the policy.

Note: This article appeared in the September 2008 issue of the New Jersey eAuthority.

COVID-19 Update: Ontario Leave and Federal Travel Bans

In light of the international concern about, and risks associated with, the COVID-19 virus, the Canadian government recently took action aimed at stopping its spread and providing relief for those immediately affected. On March 16, 2020, the government announced that it is closing its borders and the introduction of job protection legislation.

Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator. Whether the arbitration agreement applied to an employee’s pre-existing Fair Labor Standards Act (FLSA) claim was a legitimate question, the court found but one that should be answered by an arbitrator and not a judge.

COVID-19 and the Form I-9: Preparing for the End of Remote Document Verification

Early in the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) authorized U.S. employers with employees who are taking physical proximity precautions to remotely inspect identity and work authorization documents when completing Form I-9, Employment Eligibility Verification, rather than review original documents in person.

Recommended Reading

COVID-19 Update: Ontario Leave and Federal Travel Bans

Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

COVID-19 and the Form I-9: Preparing for the End of Remote Document Verification