Workplace Harassment
Gun Reform: How Employers Can Protect Employees from Workplace Violence
Congress recently passed the Bipartisan Safer Communities Act, or gun reform legislation, that President Biden has now signed into law. Portions of this legislation may help reduce workplace violence that involves domestic abusers who pursue their partners at their workplaces. The gun reform legislation contains a provision that closes what is commonly known as the…
Read MoreEx-SHRM Worker Alleges Organization Let Bias Fester Behind ‘Principled Public Facade’
A self-described “brown-skinned Egyptian Arab woman” who worked for the Society for Human Resources Management filed a lawsuit against the organization June 30 alleging discrimination and retaliation, in violation of Title VII of the Civil Rights Act of 1964 (Mohamed v. Society for Human Resource Management, No. 1:22-cv-01625 (D. Colo. June 30, 2022)). According to…
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 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 MoreEmployers Paid $439M to Resolve EEOC Discrimination Claims in 2020
Employers paid more than $439 million to resolve U.S. Equal Employment Opportunity Commission (EEOC) discrimination allegations. That number includes both private sector and state and local government workplaces during the agency’s 2020 fiscal year, according to a Feb. 26 statement. Retaliation claims constituted more than half of all charges filed with the agency last year, while disability-related claims and…
Read MoreBiden Administration Issues Order on Gender Identity and Sexual Orientation
As one of his first actions in office, President Joe Biden has issued an executive order ensuring that last year’s US Supreme Court decision in Bostock v. Clayton County is applied immediately and efficiently by all federal agencies that enforce any laws that prohibit sex discrimination. In Bostock, the Court ruled that employees are protected…
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…
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