Harassment
The Return to the Office May Spur Harassment, ADA Claims
Various legal experts have said that employers with lasting remote operations or returning workforces should look out for certain issues. On Sept. 7, it appeared: the U.S. Equal Employment Opportunity Commission’s first lawsuit alleging an employer violated the Americans with Disabilities Act by requiring an employee to work in person, despite a company policy allowing…
Read MoreTiming Matters – Failure to Respond and Act Promptly Can Create Liability
A recent case emphasizes the importance of timing – both in terms of reacting to reports of employee misconduct and in imposing discipline (particularly termination). As the U.S. Court of Appeals for the Eighth Circuit recently found, terminating an employee, based on conduct that occurred months earlier, shortly after they complain of discrimination certainly seems…
Read More’90s-Era Sexual Harassment Training Won’t Cut It Anymore
Sexual harassment trainings may leave out guidance for digital interactions and tend to be heteronormative, experts say. Undeniably, workplace sexual harassment is top of mind. Employees at Activision Blizzard rallied together earlier in the year to expose their workplace’s alleged “frat boy culture.”California’s Department of Fair Employment and Housing filed a civil suit, which included…
Read MoreEEOC Issues New Guidance on Religious Discrimination and Accommodation of Religious Beliefs
Whenever there is a change in federal administrations, employers must be aware of how various employment laws, rules and regulations will change. One hot topic in employment law, which has seen significant change in recent years, is religious discrimination and accommodation of religious beliefs in the workplace. This issue is pertinent, not only because of…
Read MoreFederal District Court Found That Employer Did Not Violate Title VII in Prohibiting Black Lives Matter Attire
Over the past couple of months, we have been asked by our clients if there been any court rulings on whether companies can limit employees from wearing Black Lives Matter and other social justice attire to work. The answer is Yes. During this pandemic and the political and social unrest underlying the Black Lives Matter…
Read MoreEEOC: IHOP Manager Conditioned Leave, Scheduling on Accepting Sexual Advances
A manager at a Frederick, Maryland, IHOP restaurant subjected women, including teen workers, to sexual harassment in violation of Title VII of the Civil Rights Act of 1964, the U.S. Equal Employment Opportunity Commission charged in a lawsuit. EEOC said the manager subjected female employees to unwanted advances and touching, sexual comments and intrusive questions about their…
Read MoreGender Stereotypes Undermine Sexual Harassment Investigations, Study Says
Women who do not conform to societal stereotypes of femininity may experience bias when seeking legal protections against sexual harassment, according to a study published Jan. 14 in the American Psychological Association’s Journal of Personality and Social Psychology. In recognizing the barriers to legal rights, it’s crucial to understand misperceptions about victims of sexual harassment, according to the…
Read More‘Clear’ Circuit Split on Sexual Harassment Requires SCOTUS Review, Employee Says
The U.S. Supreme Court should weigh in on a Title VII of the Civil Rights Act of 1964 sexual harassment standard and resolve a “clear and important” circuit split, an employee argued in a Nov. 12 filing (Paskert v. Kemna-ASA Auto Plaza, Inc., No. 18-3623). The petition, originally filed in July, challenged an 8th U.S. Circuit Court…
Read MoreAddressing and Preventing Inappropriate ‘Shop Talk’
In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room talk,” “shop talk” in a manufacturing environment can walk a fine line between employee banter and inappropriate, or, in extreme…
Read More3 Steps to Prevent Discrimination Complaints
Claims can take a toll on an employer’s reputation, finances, culture and more — not to mention the effect on employees directly involved. While the U.S. Equal Employment Opportunity Commission reported a drop in charges received last year, the more than 72,000 filed show that discrimination and harassment complaints are still very much a concern for employers.…
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