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Don't Scrap The "Severe Or Pervasive" Standard In Sex Harassment Cases

There are probably worse ideas, but I can't think of any right now. Legislation is pending in Minnesota (House File 4459) that would expressly remove the "severe or pervasive" requirement for a sexual harassment claim under...more

50 States, 50 Sexual Harassment Training Requirements

Coming soon to a nation near you. New York State and New York City have enacted laws that require employers to provide sexual harassment training, joining California, Connecticut, and Maine....more

Second-Guessing The Advice Columns: #MeToo Edition

Don't these columnists read the papers? The advice columnists had two big blunders this week on the topic of workplace sexual harassment....more

Rep. Meehan's Sex Harassment Settlement Proves My Points About NDAs

Once again, I wallow in the mud so you won't have to. Only two weeks ago, I posted about non-disclosure agreements ("NDAs") in sexual harassment settlements, and how confidentiality often benefits the victims....more

Aziz Ansari, And 10 Old-Fashioned Ways To Bail On A Bad Date

Just say no! Of course, the Aziz Ansari "date debacle" (or whatever it was) was not a workplace harassment situation. First, Mr. Ansari and his anonymous date were not co-workers. Second, Mr. Ansari may have been "forward,"...more

1/19/2018  /  Harassment , Sexual Harassment

A Visit From St. Nick, Esq.

My apologies to Clement Clarke Moore. Happy holidays! ‘Twas the holiday party, a break from the drudge, Not a creature was sober, not even a judge; The bar was well-tended, with liquor and wine, And all the employees felt...more

You Gotta Quit Kickin' HR Around

This bustin' on HR is gettin' me down, You got to quit kickin' HR around. Human Resources professionals seem to be everybody's favorite scapegoat. The profession is under attack yet again -- this time for apparently failing...more

Don't Believe Everything You Read.

A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment. Two law professors co-wrote an article that appeared in yesterday's New York Times with the headline, "Boss Grab Your Breasts?...more

WHAT NOW? The Sexual Harassment Scandals, And What Employers Can Do To Protect Themselves And Their Employees

Harvey Weinstein. Kevin Spacey. Charlie Rose. Louis C.K. Roy Moore. Al Franken. John Conyers. The list grows daily. Women and men are coming forward with allegations of sexual harassment and abuse, and some of the allegations...more

Afraid You May Be A Sexual Harasser? Some Helpful Dos And Don'ts

So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape. An article in last Friday's New York Times indicated that in light of the ever-growing number...more

Catholic Priest Is (Allegedly) An Equal Opportunity Offender, Court Says, Dismissing Bias Suit

Father, you kiss your mother with that mouth? The recent dismissal of a lawsuit in New York — involving a priest who is principal at a Catholic high school — illustrates why an (alleged) “equal opportunity offender” is...more

Employment Law Quiz: Bizarro Edition

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.* *You Can’t Make This Stuff Up. (I think...more

Employer Beware: Bad “Optics” Create Hostile Work Environment?

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of our...more

Are You A Harassment “Daredevil”? Here Are 5 Behaviors That Put You At Risk.

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.” But most...more

“Ask Amy,” Part Deux: Amy Gets The Message

I recently complained that Amy Dickson, author of the “Ask Amy” syndicated advice column, had given some poor (or at least premature) employment law advice to a reader. Apparently, a number of her readers expressed similar...more

Is Siri A Victim And A Cause Of Sexual Harassment?

The next time employers offer sexual harassment training, they might want to require employees to bring their mobile devices. According to Leah Fessler, virtual assistants Siri (Apple), Alexa (Amazon), Cortana (Microsoft),...more

Workplace Harassment: EEOC’s Employer Best Practices

How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do? This is my third and final installment on the proposed...more

9 “Fun” Facts About Workplace Harassment, From The EEOC

Last week, I shared with you what I didn’t like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment. Well, this is warm-and-fuzzy week. Moving on to the parts of...more

Workplace Investigations And The Case Of The Planted Peanut Butter

I’m a week late with this follow-up. (Sorry.) - Two weeks ago, I posted about an employee (fictionally named “Zoey”) who had a peanut allergy. After she asked a peanut-butter-loving co-worker (“Addison”) to be considerate,...more

Shoddy Harassment Investigation Comes Back To Bite Employer

Employers, has this ever happened to you? An employee has accused her boss of sexual harassment. Right now, it’s her word against his, but you might be able to find out the truth if you interview her co-workers. The...more

Conservative Expression May Be Unlawful Harassment, EEOC Says

Is wearing a “Don’t Tread on Me” cap to work a form of racial harassment? According to the Equal Employment Opportunity Commission, it could be, even though the EEOC acknowledges that the Gadsden Flag “originated in the...more

Sex harassment myth: “He said/she said” is no big deal.

I assume everyone has heard by now about Gretchen Carlson’s sexual harassment lawsuit against Roger Ailes, head of Fox News. I read the lawsuit yesterday, and some of the things that Mr. Ailes allegedly said struck me as ....more

Is Sexual Harassment Training A Turn-Off For Men?

A semi-recent article in the New York Post — “The Corporate ‘Cure’ for Sexual Harassment Only Feeds the Disease” — cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing...more

Lego-Based Workplace Harassment Will NOT Be Tolerated.

You’ve heard of sex-based harassment, race-based harassment, and disability-based harassment. But have you ever heard of Lego-based harassment? Shawn Roy was terminated from his job because he was allegedly creating...more

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