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10 social media tips for employers and employees

Want to stay out of trouble? Read on! Did you know that this Sunday will be "Social Media Day"? Neither did I. But even after all this time, social media continues to get employees and employers in trouble. Here are six...more

I'm an employment lawyer. Here are 5 things you employers are doing wrong.

You won't want to miss this!!! You all probably read respectable news sources. I subscribe to a number of "sober" mainstream publications, but have a sick attraction to the Daily Mail and the New York Post....more

You asked for it, Kathy Griffin.

Ex-CEO's lawsuit against the comedian/activist will proceed. Who ever thought personal jurisdiction could be interesting? In April 2021, the CEO of a telehealth company was eating dinner with his wife at a hotel in a suburb...more

EEOC's "not-so-sweet six" priorities, for 2024 and beyond

These six will get the EEOC's attention in 2024-28. Last week, the U.S. Equal Employment Opportunity Commission released its Strategic Enforcement Plan for 2024-28. Strategic Enforcement Plans provide a helpful preview of...more

When it comes to harassment complaints, GO DIRECTLY TO HR.

You won't go wrong. Top o' the mornin'! This post has nothing to do with St. Patrick's Day, but I hope you're having a good one. When I conduct harassment training for supervisors and managers, we spend a good bit of time...more

EEOC's proposed Strategic Plan seems heavy on litigation, light on mediation

Comments being accepted thru Dec. 5. The U.S. Equal Employment Opportunity Commission has issued a draft Strategic Plan for 2022-26, and is inviting public comments through Monday, December 5....more

Peeping Is Harassment, Even If “Peep-ee” Doesn't See It Going On, Court Says

Of course it is! Every time I think I’ve heard everything, I hear another thing. Melinda Abbt was a firefighter for the City of Houston. On her own personal computer, she had a video of herself dancing nude. She made the...more

What Employers Can Expect From The Biden Administration

It's official! (Well, close enough.) This evening, the Electoral College confirmed Joseph R. Biden as winner of the 2020 Presidential election. Congress will not do an official count of the electoral votes until January 6,...more

EEOC Issues Update On Coronavirus And Discrimination Laws

And, remember those wellness regulations? New ones are in progress. Yesterday the Equal Employment Opportunity Commission updated its FAQs on coronavirus and discrimination. For those who are already familiar with the...more

"OK Boomer" -- Harmless, Or Harassment?

C'mon, Boomers - lighten up! The always-excellent Walter Olson of Overlawyered laments that the employment world is so heavily regulated that an employer can get in trouble for failing to act when a Millennial uses the...more

EEOC Urges NLRB To Let Employers Prevent, Punish Harassment

A change may be coming. The "N" word. Referring to women in pornographic terms. Ethnic slurs. This is "harassment" under almost all company policies, and it can violate the law, as well. At least one federal appeals court...more

Second-Guessing The Advice Columns: Get Off My Lawn!

Millennials, can you relate to your older co-workers? Everybody and their dog has workshops these days on how older workers should relate to Millennials. That's a fine idea, but does anyone ever offer a workshop to...more

10/4/2019  /  ADEA , Age Discrimination , Harassment

"Stud-Shaming" May Be Sex Harassment, Court Says

Showing, again, that workplace gossip can get you sued. I really feel that the employer will win this case, for reasons I'll discuss below, but first . . . A federal judge has said that starting malicious rumors that a male...more

An Employer Between A Rock And A Hard Place

And you thought you had problems! A medical clinic in the St. Louis area had two employees (among others, I presume). "Rose" was African-American. "Daisy" (race unknown) had a disability. ...more

Ten Ways Employers Get Themselves Sued (Part Two)

How can I sue thee? Let me count the ways. Last week, I talked about five very basic things employers do to get themselves embroiled in employment litigation. They were- Discrimination (not only unlawful discrimination, but...more

"Sexual Harassment" In The Nature Of The Business

This claim against the "Museum of Sex" should fail. Have you ever heard of the Museum of Sex in New York City? It's a real thing....more

Second-guessing the advice columns: Holiday party harasser

Hanukkah doesn't end until sundown tonight, and it's two weeks until Christmas. But Greg Giangrande of the "@work" column in the New York Post already has someone who made a big mistake at a workplace holiday party...more

6 Easy Ways To Keep Your Workplace Holiday Party -- Without A Lawsuit.

Follow these rules, and you can't go wrong! A recent survey indicated that employers were cutting back on holiday parties in 2018. The consulting firm that conducted the survey speculated that #MeToo might be the reason...more

Harassment Interviews Conducted By AI?

No. Heck, no. Bloomberg BNA's Daily Labor Report had a story this week about the development of artificial intelligence to conduct interviews of employees who claim to have been victims of workplace harassment....more

Hostile Work Environment, Or Just NSFW?

When does crude language cross the line and become unlawful harassment? A court decision from this week reminded me about this issue, which I’ve been thinking about and discussing in harassment training for a long time (but...more

Zero Tolerance For "Zero Tolerance" Policies

"Zero tolerance" is too blunt an instrument, and it may even increase bad behavior. Chai Feldblum, a Democratic Commissioner of the Equal Employment Opportunity Commission, was quoted this week as saying that "zero...more

This Week In Employment Law

In poetry, because we are classy here. Sweet Deal: a haiku (Roseanne Barr) I felt sorry for the cast But not any more. $4.5 mil for nothing!...more

#MeToo Quiz!

How much do you really know, from an HR standpoint? It's time for another employment law quiz! I wanted to do one in honor of Mother's Day, but I couldn't top the one I did last year. (If you missed it then, here's the...more

Jury Socks It To "Onionhead" Employer For $5.1 Million

It's enough to make an "onionhead" weep. A few years ago, the Equal Employment Opportunity Commission sued this employer -- who allegedly discriminated against, harassed, and retaliated against a number of employees who...more

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