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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…

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Employers 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,…

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Bullying: 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…

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Very 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…

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The 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…

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Gardner 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…

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Tips 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…

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Educate 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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