Harassment
Ten Ways Employers Get Themselves Sued (Part One)
Take care of yourself! In medicine, sometimes the practices that get people in trouble are pretty simple. Too many nachos, and not enough leafy greens. You’d rather binge-watch Seasons 1-3 of Stranger Things than go for a walk. You hate needles, so you haven’t been to the doctor in 20 years. The same principle often applies…
Read MoreEmployers Beware: Workplace Gossip about Sex May Risk Liability under Title VII
Sexually explicit rumors, affairs to influence promotion, jealous male coworkers, sexist remarks by a high-ranking manager, and ultimate retaliation and termination—an episode of Mad Men? The plot of a new show on Netflix? No. Real sexual harassment—at least according to Evangeline Parker, who filed a claim alleging discrimination under Title VII against her former employer,…
Read MoreBullying: An Occupational Health and Safety Hazard
When one thinks of a hazard at a workplace what may come to mind are falls from heights or getting caught in a pinch point of industrial machinery. In general we think of something that is traumatic and may cause a physical injury such as a broken arm or leg, concussion or even death. But…
Read MoreBeing Required to Hire Female Escorts Is Not Actually a Title VII Violation
I found a recent case to be a peculiar example of how Title VII is not a “general civility code” in the workplace. In Butto v. CJKant Resource Group, LLC, a male executive was terminated after complaining about being required to arrange female escorts for his married supervisor and perform other activities to facilitate his…
Read MoreNew Workplace Risks – Beware Worker Harassment Claims For Nonemployee Conduct
A new decision from the U.S. District Court for the Eastern District of Pennsylvania highlights the exposure employers have to claims of sexual harassment based upon actions allegedly made by nonemployees, including customers, contractors or vendors. The law requires the employer to provide a safe and secure workplace free from harassment — whether by its…
Read MoreVery Interesting! EEOC Releases Official FY2018 Charge Statistics
Most charges were down, but sex harassment, LGBT charges were up. Last week, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through September 30, 2018. According to Law360, EEOC charges in FY 2018 were at their lowest level since 2006. Yes, 2006. When George…
Read MoreThe Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit
In a decision that could have wide-ranging implications for all employers, the Fourth Circuit Court, located in Richmond, Virginia, with appellate jurisdiction over the district courts in the District of Maryland, Eastern District of North Carolina, Middle District of North Carolina, Western District of North Carolina, District of South Carolina, Eastern District of Virginia, Western District of Virginia, Northern District…
Read MoreGardner v. CLC of Pascagoula, LLC -What Constitutes “Severe and Pervasive” Conduct With Respect to “Third-Party Harassment”?
Employers may be liable to their employees for harassment by non-employees under Title VII. Courts have found liability for this so-called “third-party harassment” in some of the following fact-specific contexts: waitresses harassed by their dining customers; casino dealers suffering harassment from gamblers at the table; and vendors being harassed by clients they visit onsite for…
Read MoreTips For Planning Holiday Parties
Holiday parties are a great way to show appreciation to employees for dedication and hard work. But they can also expose employers to liability for harm caused by employees who become intoxicated during the festivities. For example, parties can be fertile ground for unwanted sexual overtures that result in harassment complaints. Additionally, they can lead…
Read MoreEducate Managers About Third-Party Harassment
Many managers aren’t aware that their companies could be liable for harassment if a customer or vendor harasses an employee. And worse, some managers try to squelch any third-party harassment claims from employees to avoid losing business. Unfortunately, you could find dozens, maybe hundreds, of cases where managers get a complaint from an employee about customer or third-party potential harassment, and the…
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