A few months ago, we posted an
excellent piece detailing some of the important things an employer should
try to do to avoid a sexual harassment claim, including how to appropriately
respond to one. Apparently, that message hasn't quite seeped in to
certain employers out there - at least if the...
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
Politico has reported
that the National Restaurant Association paid out a five-figure settlement to
two women who accused Herman Cain of making sexually suggestive comments.
Here are the details on the story, from the Politico
During Herman Cain's tenure as the head of
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...
Poor Herman Cain.
Or, poor young women who used to work for him.
Right now, I'm not sure which because the allegations are
murky and anonymous. OK, I do have an opinion, but I'm going to keep it to
myself until we get more specifics.
This is not going to be a political post. It's...
by Joseph U. Leonoro
A few weeks ago in this forum, we talked about an
important opinion from the Sixth Circuit Court of Appeals - the Circuit in which
Kentucky and Ohio sit - on associational discrimination. Well, that Court
must be enjoying its time in the spotlight, because it recently issued...
DISCLAIMER: Today's post has absolutely nothing to do
with Veterans Day. But thank you, veterans!
Last week, I was pretty hard on Herman
Cain and his response to allegations of sexual harassment . Since then, two
women have come forward publicly, and all I can do is quote from my partner John...
And, then, there are those that allegedly do. It is on
those occasions that this blog can practically write itself.
Take, for example, AutoNation .
According to a complaint recently filed in California state court -- well,
let's just say that AutoNation better have some good lawyers.
Ah, February! The
month of love! Of course, if you're a lawyer, you see the worst of humanity and
never get to hear about true, faithful, honorable, self-sacrificial love --
sexual harassment is as close to "love" as we ever get. (See, you
thought lawyers were just jerks - now you feel...
Appeals Court Finds Employer Liable for
Supervisor's Same-Sex Sexual Harassment
by Ryan N. Parsons
A recent case reminds us to take all claims of sexual
harassment seriously, including when the two employees are of the same sex.
In Cherry v. Shaw Coastal [ an enhanced version of this opinion...
There have been two recent stories about strippers and discrimination in the news lately. Sarah Tressler is a journalist who worked her way through journalism school stripping. Her newspaper employer fired her when they found out she was moonlighting as a stripper. She claims gender discrimination. The...
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...
Courts analyzing anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act mandate that employers educate employees about discrimination in the workplace and provide a way for them to complain. Then, once made aware of discrimination in the...
If you're an employment lawyer or Human Resources professional who handles sexual harassment cases, or a federal judge who decides them (bless your heart!), you know there are a lot of "tares" mixed in with the "wheat."
What the heck is a "tare," anyway? Besides being...
It's a well-known fact that good-looking people have a better chance of being hired and promoted , and make more money, than less good-looking people. At least, as long as you're not too hot . Generally, there isn't much you can do about it if your opportunities are limited by male pattern...
Happy Thanksgiving, y'all! I know we have plenty to be miserable concerned about, but that is not my role today. Here, in no particular order, are five labor-and-employment-related things for which I am thankful. (Crabbiness returns next week.)
1. OK, I am completely serious now. You, my clients...
In another example of why women hesitate to bring sexual
harassment claims, a judge
has ordered twenty two women who are bringing a sexual harassment claim to
turn over their cell phones and social networking passwords to attorneys for
their former employers. The judge will allow these attorneys...
Of all employment claims presented to the Equal Employment Opportunity Commission , retaliation
numero uno. It's been that way since 2010.
There are three essential elements of a retaliation
claim: (1) protected activity -- opposition to discrimination or participation
in the statutory complaint...
Is this Retaliation 2.0?
Two weeks ago, Adria Richards attended an industry
conference at which she overheard sexual jokes from two attendees sitting
behind her during a session. So, she complained...on Twitter:
And then she blogged about it here . The social-media complaints resulted in one...
While attending a conference, Adria Richards became
offended by two attendees sitting behind telling inappropriate jokes. So, she tweeted her grievance. Then, she blogged about it. Then, her employer fired her. Ars technica has the full details.
If the people about whom Ms. Richards complained were...
Harassment knows no boundaries. Unfortunately, it occurs
in workplaces of any shape and size and can be effectuated by persons in
positions of every variety and in every industry. Even a quick look at the
story reported in today's News
Journal makes this very clear.
According to the story...
Chutzpah is "that quality enshrined in a man who, having killed his mother and father, throws himself on the mercy of the court because he's an orphan."
(Dang, Leo Rosten , you were good!)
Well, anyway, that brings us to Mayor Bob Filner of San Diego, California. Home of Ron Burgundy...
The employment-discrimination laws have been expanding since their creation. And, most of the time, that’s a good thing. But there are times when I wonder, “Have we gone too far?” There was the bullying craze a few years ago, when there was a push to make bullying in the workplace unlawful...
With Valentine’s Day only a week away, I thought I’d repost my discussion of “love contracts.”
A “love contract” or in lawyer terms – a Consensual Relationship Agreement — is an effort to mitigate the risk of sexual harassment claims from an office romance...