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Employers May be Liable When Customers Discriminate in the Workplace

Sep 30, 2022

The U.S Equal Employment Opportunity Commission (EEOC) has recently filed a harassment suit against a nursing home located in Burlington, Vermont.


 The lawsuit filed in U.S. District Court in Burlington establishes that Black nurses and staff were subjected to ongoing and egregious racial harassment at the hands of patients.



The suit alleges that starting in 2020, various white residents of the nursing home repeatedly berated Black nurses and nurse assistants with offensive racial slurs. Certain accounts of the events go as far as alleging that residents physically assaulted Black staff.


Managers of the nursing home observed the workers being subjected to the harassment. In August 2020, the managers attended a meeting in which the employees raised concerns over the harassment.


The EEOC has asserted within their suit, that the alleged conduct violates Title VII of that Civil Rights Act of 1964, prohibiting employers from discriminating against employees based on race.

The EEOC is seeking compensatory damages for the employees and punitive damages to prevent future racial harassment in the workplace.


The law does not specify on how employers must respond when a third party, such as a customer, discriminates against their employee. In a restaurant or retail setting, it is likely that management may refuse service or ask a customer to leave.


Healthcare settings, such as a nursing home, pose unique challenges. What must be done when the actions observed are performed by a patient with dementia or some other cognitive impairment?

Regardless, healthcare facilities owe a duty of care to their employees, as well as their patients. For that reason, it is imperative that health care providers initiate policies to address abusive and combative patients. Employers have the duty to curb racial harassment even when perpetrated under the guise of mental deterioration.


If your business has any questions on this or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

ALERT: EEOC Releases Workplace Guidance to Prevent Harassment

01 May, 2024
On April 29 th , 2024, the U.S. Equal Opportunity Commission (EEOC) finalized their guidance in harassment in the workplace after receiving and responding to nearly 38,000 public comments on the proposed guidance released on October 2, 2023. The renewed guidance provides numerous clarifying hypotheticals, and addresses more recent issues including protections for LGBTIQA+ employees and remote work. Of note, the EEOC clarified the scope of sex discrimination and harassment, stating that federal protections under Title VII extend to LGBTIQA+ employees. Specifically, the EEOC made clear that the scope of harassment extends to repeatedly and intentionally misgendering employees or denying access to bathroom facilities that align with their gender identity. Further, this guidance reminds employers that discrimination and harassment based on “sex” includes harassment based on pregnancy, childbirth and related medical conditions, which include employees’ decisions related to contraception and abortion. Several public comments suggested that these guidelines infringed on free speech and religious rights. The EEOC did not directly address these concerns, instead stating that free speech and religious rights issues are fact-specific and would be addressed on a case-by-case basis. Further, the EEOC updated guidance related to the remote work environment. The EEOC clarified that conduct in a virtual work environment, including electronic communications using private phones, computers, or social media accounts can contribute to a hostile work environment if they impact the workplace. The EEOC also clarified that conduct occurring outside of the workplace, including on social media, which does not target the employer or its employees and is not brought into the workplace generally will not contribute to a hostile work environment. Finally, the EEOC updated its Anti-Harassment Policy Requirements, stating that an anti-harassment and discrimination policy should be widely disseminated to employees, in a manner that is understandable by all employees and includes i) a definition of prohibited conduct, ii) a requirement that supervisors report harassment, iii) multiple avenues for reporting harassment, iv) a statement that clearly identifies accessible points of contact for reporting purposes, and v) an explanation of the complaint process, including adequate anti-retaliation and confidentiality protections, and prompt and effective investigation and corrective action. You can read more about the EEOC's ruling on their website by clicking here . If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Non-Compete Agreements Are in Jeopardy

26 Apr, 2024
On April 23, 2024, the Federal Trade Commission (“FTC”) issued a final rule banning non-competition agreements for all employees except for very narrow exceptions. The FTC’s Final Rule banning all non-competition agreements is effective 120 days after its publication in the Federal Register, which is expected in the next few days.  As of the effective date, all non-competition agreements are banned, except for franchisor/franchisee relationships and for sales of a business between buyer and seller. The FTC’s Rule is retroactive, prohibiting certain non-competition agreements before the effective date of the Rule as well. Existing non-competition agreements can remain in effect as to senior executives, which are defined in the Rule as employees in “policy-making positions” making at least $151,164 annually. The FTC’s Final Rule is already being challenged through the court system and a challenge from the Chamber of Commerce will most likely follow suit. Therefore, if an employer has existing non-competition agreements, the employer may not need to rescind them just yet. Stay tuned for updates as these challenges take their due course.
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