As an employer, what can you do to protect yourself when one employee claims severe sexual harassment and the other party denies it or claims it was all consensual?
The Marchuk v. Faruqi & Faruqi trial ( daily updates here ) is far from over, but...
On February 11, 2015, the Supreme Court of New Jersey expressly adopted the test created by the United States Supreme Court in Faragher v. City of Boca Raton , 524 U.S. 775, 807 (1998) [ an enhanced version of this opinion is available to lexis.com subscribers...
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
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...
Today we look at a case that's interesting both factually and procedurally. In Jenkins v. Mabus , 2011 WL 2936331 (8th Cir. 2011), Plaintiff sued the Secretary of the Navy for sexual harassment and retaliation under Title VII as well as state law...
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...
According to the Salt Lake Tribune , a Utah woman has sued her former employer, claiming she was sexually harassed at work. The allegations, according to her federal lawsuit, are outrageous:
Her supervisor provided a written work schedule that included...
The NLRB continues its march into everyday workplace issues. It started in earnest with social media. It has now moved into the arena of employer policies and handbooks focusing on the impact of employer policies on protected, concerted activities. To...
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...
With Valentine’s Day right around the corner, employers may consider what to do if cupid’s arrow happens to strike two employees. Relationships are not stagnant. And while a relationship that may initially be harmonious or consensual (at least...
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...
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...
Diana Retuerto worked in the office of Berea Moving & Storage. She claimed that the company’s owner, Willard Melton, made “verbal advances” towards her, including comments about dreams he was having about her, her physical appearance...
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...
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.