Misconduct Claim includes: (a) sexual harassment, whether or not meeting the legal definition of actionable harassment, that would reasonably be expected to be materially injurious to the business or reputation of an Acquired Company; (b) if made to a subordinate service provider of an Acquired Company: (i) sexual advances, (ii) lewd or sexually explicit comments, or (iii) the sending of sexually explicit images or messages (excluding sexually explicit images or messages that are part of programing of legitimate works for an Acquired Company); (c) if made to a person who has not invited such conduct and, at the time, would reasonably regard the maker of the advances or comments as having the power to influence or impair the recipient’s career advancement or the success of the recipient’s business projects: (i) sexual advances or (ii) sexually explicit comments; or (d) retaliatory act for refusing or opposing any of the above.
Misconduct Claim means (a) sexual harassment, whether or not meeting the legal definition of actionable harassment, that would reasonably be expected to be materially injurious to the business or reputation of the Company, (b) if made to a subordinate service provider of the Company: (i) sexual advances, (ii) lewd or sexually explicit comments, or (iii) the sending of sexually explicit images or messages (excluding sexually explicit images or messages that are part of programing of legitimate works for the Company), (c) if made to a person who has not invited such conduct and, at the time, would reasonably regard the maker of the advances or comments as having the power to influence or impair the recipient’s career advancement or the success of the recipient’s business projects: (i) sexual advances or (ii) sexually explicit comments or (d) any retaliatory act for refusing or opposing any of the above.
Misconduct Claim means a claim, notice, demand or complaint by or on behalf of a current or former Service Provider received in writing by the Company or Parent, or filed with a Governmental Entity that alleges (a) sexual harassment or any other unlawful act of a similar nature; (b) other (non-sexual) harassment, that could reasonably be expected to bring into public contempt or ridicule or be materially injurious to the business or reputation of the Company; (c) if made to a subordinate Service Provider: (i) sexual advances, (ii) lewd or sexually explicit comments, or (iii) the sending of sexually explicit images or messages (excluding sexually explicit images or messages that are part of programing of legitimate works for the Company); (d) if made to a person who has not invited such conduct and, at the time, could reasonably regard the maker of the advances or comments as having the power to influence or impair the recipient’s career advancement or the success of the recipient’s business projects: (i) sexual advances or (ii) sexually explicit comments; or (e) retaliatory act for refusing or opposing any of the above.
Examples of Misconduct Claim in a sentence
Consequently, Defendants are immune from Plaintiffs’ claims relating to the State’s discretionary activities in marketing, promoting, regulating, and creating business opportunities in Vermont.E. Plaintiffs’ Gross Negligence And Willful Misconduct Claim Against The State Is Barred (Count 6).
Upon and following the Settlement Effective Date, the Releasing Class Action Plaintiffs and the NYOAG will be forever barred and enjoined from commencing, instituting, prosecuting or continuing to prosecute any action or other proceeding in any court of law or equity, arbitration tribunal, or administrative or other forum, asserting any Sexual Misconduct Claim against any of the Released Parties.
Failure to Preserve Prosecutorial Misconduct Claim: No Related Ineffective Assistance of CounselStoken next argues that the State committed misconduct in closing argument by commenting throughout its argument that certain evidence was “uncontradicted.” Br. of Appellant at 12.
Under the Sexual Misconduct Claims Fund Procedures, the Sexual Misconduct Claims Examiner will review each Sexual Misconduct Claim and the documents and statements offered in support of such Claims to determine a Point Award for such Claims.
The Point Value will be multiplied by the Point Award for each Sexual Misconduct Claim to calculate the monetary amount (i.e. the Liquidated Value) to be awarded to each Holder of Sexual Misconduct Claims.
More Definitions of Misconduct Claim
Misconduct Claim means an Action or material internal claim or report alleging sexual or other discriminatory harassment, discrimination, or retaliation that could reasonably be expected to bring the Company into public contempt or ridicule or be materially injurious to the business or reputation of the Company or of its executives.
Misconduct Claim means, without limitation, unlawful harassment and or discrimination, or any other unlawful act of a similar nature, if made to an employee, independent contractor or customer who has not invited such conduct, and any unlawful retaliatory act for refusing or opposing any of the foregoing.
Misconduct Claim includes, without limitation: (i) sexual harassment, gender discrimination, or any other unlawful act of a similar nature; (ii) harassment, discrimination, or any other unlawful act of a similar nature directed at an individual due to a characteristic protected by applicable Anti-discrimination Laws, including race, religion, national origin, age, sex, disability, sexual orientation or gender identity or expression; (iii) other acts of a similar nature, whether or not they meet the legal definition of actionable harassment, that could reasonably be expected to bring the Company into public contempt or ridicule or be injurious to the business or reputation of the Company or of its executives or employees in a material way; (iv) if made to (A) a subordinate employee or (B) a person who has not invited such conduct and, at the time, could reasonably regard the maker of the advances or comments as having the power to influence or impair the recipient’s career advancement or the success of the recipient’s business projects: sexual advances, lewd or sexually explicit comments, the sending of sexually explicit images, making or sending verbal or written statements or graphic images intended to insult, offend, threaten or be derogatory to individuals based on a characteristic protected in the applicable Anti-discrimination Laws, including without limitation, through social media posts; or (v) a retaliatory act for refusing or opposing any of the above. No Group Company has terminated the employment or engagement of any Company Service Provider related to any Misconduct Claim, or entered into any settlement or settlement discussions, non-disclosure agreement or similar agreement with any employee regarding a Misconduct Claim or a violation of any Anti-discrimination Laws.
Misconduct Claim shall have the meaning ascribed to it in Section 2.18(j).
Misconduct Claim means any claim relating to:
Misconduct Claim has the meaning set forth in Section 22(e) of Annex F.
Misconduct Claim shall include, without limitation: (i) sexual harassment or any other unlawful act of a similar nature; (ii) other acts of a similar nature, whether or not meeting the legal definition of actionable harassment, that could reasonably be expected to bring the Company or any Subsidiary thereof into public contempt or ridicule or be materially injurious to the business or reputation of the Company, its Subsidiaries or any of their respective executives; (iii) if made to a subordinate service provider of the Company or any Subsidiary thereof: (A) sexual advances, (B) lewd or sexually explicit comments, or (C) the sending of sexually explicit images or messages (excluding sexually explicit images or messages that are part of programing of legitimate works for the Company or such Subsidiary); (iv) if made to a person who has not invited such conduct and, at the time, could reasonably regard the maker of the advances or comments as having the power to influence or impair the recipient’s career advancement or the success of the recipient’s business projects: (A) sexual advances or (B) sexually explicit comments; or (v) retaliatory act for refusing or opposing any of the above.