by Vanessa L. Goddard
Several months ago, the Fifth Circuit Court of Appeals
(which covers Louisiana, Mississippi, and Texas) issued an extremely
interesting opinion and, in the process, became the first federal appellate
court to definitively address whether the Uniformed Services Employment and...
New Jersey Boss Who Told Grieving Mother To Forget Deceased Daughter
The Superior Court of New Jersey (one step above a Common Pleas court
and one step below New Jersey's Supreme Court), issued a recent employment-law
decision that has made national
For me, the decision is...
There have been a lot of bad bets made over time. For
example, two years ago I bet on the World Series and, after the
Phillies lost, had to painfully write a blog post praising the Yankees . On The Office last week,
newly-appointed regional manager Andy Bernard bet his staff a butt tattoo that they...
Some employers terminate their employees pretty often.
Sometimes there are even rumors about who will get fired next. But you know
what's probably not a good idea for employers? Holding a contest in which
employees place $10 bets on who will get fired next! Bad idea, great Case of
the Week! ...
To prove sexual harassment, a plaintiff must have been
subjected to pervasive or severe behavior that would make the plaintiff (and a
reasonable person in the plaintiff's shoes) believe that the working
environment are hostile or abusive.
Wait, I'm forgetting something. Oh yeah, the
For harassment to qualify as sexual harassment it
must be because of sex. That means that the complained-of misconduct is of a
sexual nature, or it singles out women differently than men. Non-sex-based
conduct that targets women and men the same, no matter how harsh, is not sexual
by Vanessa L. Goddard
heard the expression "The best defense is a good offense." Well, this is
very true in the world of harassment law. For our devoted readers of this
blog, we know this is preaching to the choir, but it never hurts to make a
quick check of your policies...
The employment law Case of the Week is Walker v.
Jackson [ opinion available to lexis.com
subscribers] , an EEOC decision from October 6, 2011. It answers the age old question - if I get
invited to a same sex wedding celebration, was I subjected to religious
harassment? If you answered, "are...
When Krysten Overly, a financial advisor at a bank, told
her male boss that she was resigning, Overly claims that he grabbed Overly's
arm to push her out the door. And as Overly left her boss's office, he yelled,
"Good riddance, bitch!"
What a jerk! But, as a matter of law, did...
When an employee sues his former employer alleging a
religiously hostile work environment, he must prove, among other things, that
he was subjected to harassment based on his religion and that the harassment
was either severe or pervasive.
What do you think? Is the email below from a company
The New Jersey Law Against Discrimination, N.J.S.A. §§ 10:5-1 - 10:5-30 (the "NJLAD"), prohibits employers, because of the race, creed, color, national origin, ancestry, age, marital status, civil union status, domestic partnership status, sexual orientation, genetic information,...
Ah yes: naked twister, orgies, and Facebook . . . just another Case of the Week! In Targonski v. City of Oakridge , the plaintiff brought a number of workplace discrimination claims, including a sexual harassment hostile work environment claim. Her claim started off pretty well. She alleged that co-workers...
Take a few minutes to read this decision [ enhanced version available to Lexis.com subscribers ]. It will blow your mind.
Here's the long and short of it:
Three black employees sue for race discrimination claiming that they were subjected to a racially-hostile work environment. The court actually...
Rutgers Fires Basketball Coach Mike Rice
Today, Rutgers fired Men's Basketball Coach Mike Rice,
after video of his abusive actions during team practice surfaced, and was
widely criticized by New Jersey Governor Chris Christie.
Here to read the story from CNN.com and to view the video...
by The HR Specialist: North Carolina Employment Law
Employees who have to work in a hostile work environment may have a hard time doing their jobs well. When resulting poor performance leads management to fire someone, expect trouble. Usually, poor performance is a rock solid discharge reason. But...
Yesterday, our guest blogger offered three tips for successful onboarding .
Unable to match that, today, I have a less than successful way to encourage attrition -- unless of course you like defending age discrimination claims.
A federal court has permitted a plaintiff's claims that his ex...