Harassment
HR’s Anti-Discrimination Law Primer (Part 1)
Legislation from Title VII of the Civil Rights Act of 1964 to the Americans with Disabilities Act help define the boundaries of the U.S. workplace. Is it discriminatory to terminate a worker who can’t attend a Friday-night shift due to religious obligations? Could an employer demote someone who can’t carry out the essential functions of…
Read MoreShades of Gray: Should HR Regulate Romance at Work?
Romance at work isn’t necessarily a bad thing, but it can create consequences ranging from irritating to legally actionable. Employees can spend most of their waking hours at work, so, naturally, friendships can form; and out of some of those, romantic relationships will blossom. But sometimes those work romances cross a line or spawn consequences. The…
Read MorePolitical Discord Is Disrupting the Workplace
Republican, Democrat and independent employees have something in common in these partisan times: Nearly half have had a disagreement in the workplace over politics, according to new research released today. The survey, fielded Oct. 7-14, suggests that many workers are involved in political discussions in the workplace and that those discussions are leading to conflicts: 56 percent of U.S. employees say…
Read MoreHas #MeToo Created a New Claim of Male-Bias Discrimination?
Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation.…
Read MoreYour Employee Filed An EEOC Charge. Now What?
Charges of discrimination filed with the Equal Employment Opportunity Commission (“EEOC”) (and similar charges with state and local human relations agencies) are a critical first step in an employee’s discrimination claim. For employers, the importance of responding strategically to such charges cannot be understated. This article will cover what to expect, and will provide a few key strategic…
Read MoreTen 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…
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