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Posts tagged "sexual harassment"

First Circuit Clarifies Standards of Proof for Sex Discrimination and Sexual Harassment Claims

The First Circuit Court of Appeals has issued a comprehensive opinion clarifying many legal issues in sex discrimination claims, including (1) whether a plaintiff can prove discrimination by circumstantial evidence alone; (2) whether a reduction of job responsibilities that does not involve a reduction in salary constitutes an adverse employment action; (3) whether a plaintiff can prove sex discrimination without evidence of sexist slurs; (4) whether a plaintiff can prove sexual harassment without evidence of sexual comments or actions; (5) whether a plaintiff can prove discrimination or harassment without showing that it was both severe and pervasive; and (6) whether a plaintiff can defeat summary judgment on a Faragher/Ellerth defense by showing that she feared retaliation if she complained about the discrimination . Burns v. Johnson, 829 F.3d 1 (1st Cir. 2016). The First Circuit answered all the questions in the affirmative.

Sexual Harassment and Common Law Tort Claims

The Rhode Island Superior Court has dismissed some but not all claims a plaintiff has filed for sexual harassment.  Plaintiff alleged that she was an "on-air radio personality" for a local radio station's morning show.  One of her "characters" was "Anaconda," a "provocative woman" who used "racy language in a flitatious manner....to give the impression [she was] easily seduced."  Plaintiff alleges that another employee of the station began sexually harassing her, that that employee became the station's general manager and eventually fired her and another employee with whom she had previously had a romantic relationship.