In a post-pandemic world, the four walls of the office no longer define the workplace. With more and more employees working either remotely or in hybrid roles, employers need to be mindful of their obligations to ensure that their employees are protected from harassment, discrimination, and retaliation, no matter where the employees find themselves working.
To be sure, both federal and state laws cover conduct outside of the traditional workplace that violates fair employment practice laws. However, courts and legislatures often apply differing standards when determining if liability should attach to the employer if the conduct at issue occurred outside of the typical, brick-and-mortar workplace.
At the federal level, Title VII of the Civil Rights Act protects employees from discrimination, harassment, and retaliation that affect their employment. The EEOC has explained that harassment is unlawful when (1) there is enduring conduct that becomes a condition of employment and (2) the conduct is so severe or pervasive that a reasonable person would consider their work environment intimidating, hostile, or abusive. While this guidance is helpful, it does not clearly draw the line of what conduct outside of the office could open an employer up for liability.
In addressing the standard of liability for conduct outside of the office, federal circuit courts of appeal vary in terms of how the line should be drawn between conduct that is actionable and considered “in the workplace”...
The allegation appeared alongside warnings that Moscow may be preparing an information narrative before potential provocations involving Britain. Russia is spreading a fake claim that Ukraine is p...