Labor and Employment Law

Recent Posts

Two Big Sexual Harassment Cases: Where the Employers Went Wrong
Posted on 23 Jan 2015 by Robin Shea

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... Read More

Supreme Court of New Jersey Adopts Faragher/Ellerth Affirmative Defense
Posted on 18 Mar 2015 by Sheppard Mullin

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 subscribers... Read More

Harassment Is Equal Opportunity
Posted on 5 Jun 2013 by Margaret (Molly) DiBianca

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... Read More

A Valentine's Day Bouquet of Sexual Harassment Cases
Posted on 15 Feb 2012 by Robin Shea

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... Read More

Sexual Harassment against Uncle Sam
Posted on 10 Aug 2011 by Craig Salner

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... Read More

Should the Taxpayers of San Diego Pay Filner's Legal Fees in His Sexual Harassment Case?
Posted on 5 Aug 2013 by Robin Shea

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... Read More

If Your Workplace Has “No bra Thursday,” It’s Time For Some Harassment Training
Posted on 9 Aug 2011 by Jon Hyman

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... Read More

An Uninvited Guest: The NLRB Settles In
Posted on 13 Aug 2012 by John Holmquist

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... Read More

If you hire only people you have the hots for, is that sex discrimination?
Posted on 18 Oct 2012 by Robin Shea

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... Read More

Love Is in the Office Air: Regulating Office Romance
Posted on 10 Feb 2015 by Barran Liebman LLP

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... Read More

To Be Or Not To Be An Employee? That is the (Agency) Question
Posted on 18 Nov 2011 by Steptoe & Johnson PLLC

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... Read More

Strippers Have Rights Too
Posted on 25 Jun 2012 by Donna Ballman

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... Read More

A Lesson in How Not to Respond to a Harassment Complaint
Posted on 25 Jun 2015 by Jon Hyman

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... Read More

Nothing Good Comes of Forcing Employees to Go to Brothels
Posted on 19 Dec 2011 by Eric Meyer

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... Read More

Equal-Opportunity Jerks Take the "Sex" Out of Sexual Harassment
Posted on 25 Oct 2011 by Eric Meyer

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... Read More