Workplace Harassment
Behavioral Misconduct Investigations: Key Challenges and How To Minimize Reputational Impact
Rarely a day goes by without at least one report of workplace misconduct hitting the headlines globally. In a post-#MeToo era, there is an ever-increasing focus from society on how organizations respond to and deal with allegations of abuse and harassment. In the last few months alone, a vast number of organizations have been the…
Read MoreGeneral Complaints By Other Employees Do Not Necessarily Provide Constructive Notice of Harassment
Although the employee argued that the employer should have known that she was being sexually harassed based on complaints by other employees, the U.S. Court of Appeals for the Tenth Circuit found that such complaints were not sufficiently similar or close in time to trigger liability for the employer. Moreover, the employer had no duty…
Read MoreA Poor Performance Review Does Not Create a Hostile Work Environment
In a common-sense ruling, the U.S. Court of Appeals for the Fifth Circuit affirmed the dismissal of an employee’s hostile work environment (HWE) harassment claim that was based, in part, on a poor performance review. Under Title VII, HWE harassment consists of multiple acts over a period of time that are so severe or pervasive…
Read MoreHow Can We Be Proactive About Addressing Conflict in the Workplace?
There are many ways to address conflicts in the workplace, before they turn into bigger concerns and more serious obstacles for your organization. The starting point is the ability to reframe the issue of conflict: develop an “attitude of resolution” that views conflict as an opportunity to solve a problem rather than as a confrontation…
Read MoreWorkplace Violence: An Unfortunate Reality – Are You Prepared?
Mass shootings have been increasingly in the headlines in recent years, and many of these incidents have occurred in the workplace. Regardless of anyone’s politics, employers are having to face either the fear of, or the actual experience of, murder in their own offices, factories and schools. What steps should an employer take to keep…
Read MoreThe Speak Out Act: What Employers Need to Know
Employers should be aware of and immediately take measures to comply with the Speak Out Act, which took effect on December 7, 2022. The Act prohibits nondisclosure agreements (NDAs) and nondisparagement agreements designed to prevent current and former employees from discussing sexual harassment and assault. Employers routinely require employees to sign NDAs and nondisparagement agreements…
Read MoreEEOC Announces Enforcement Priorities for 2023-2027
On Tuesday January 10, 2023, the Equal Employment Opportunity Commission (“EEOC”) publicly released its Draft Strategic Enforcement Plan (“SEP”) for fiscal years 2023-2027. The SEP describes the EEOC’s top enforcement priorities, making it critical information for employers around the country. The Draft SEP sets out the EEOC’s six subject matter priorities for fiscal years 2023-2027:…
Read MoreThe EEOC Proposes Detailed New Enforcement Priorities For 2023-2027
On Tuesday, January 10, the EEOC released for public comment its draft 2023-2027 Strategic Enforcement Plan, or “SEP” (available here)—a document that will guide the Commission’s enforcement priorities for the next five years. The EEOC’s previously announced Strategic Plan described “how” it would pursue its enforcement goals. The Strategic Enforcement Plan, on the other hand,…
Read More‘Tis the Season for Employers to Review Their Employee Handbooks
With the holiday season fast approaching, employers must plan and prepare for the general revelry that accompanies this time of year. Holiday parties, which often involve the consumption of alcohol and frequently occur outside of the physical workplace, present distinct risks for employers. To maintain a safe, respectful, and healthy work environment, employers should consider…
Read MoreGood Policies, Good Results – Have You Checked Yours Lately?
A recent opinion from the U.S. Court of Appeals for the Eleventh Circuit provides good reason for employers to make a robust effort at maintaining and disseminating a policy against discrimination and harassment. Most employers probably already have such a policy. But if it is not comprehensive in scope, and if it is buried in…
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