Labor and Employment Law

Recent Posts

Vague complaint dooms employee's retaliation lawsuit
Posted on 15 Jun 2012 by Jon Hyman

Susanne Pintagro worked for Sagamore Hills Township as an administrative assistant. When a newly hired intern made her feel "uncomfortable and concerned for [her] safety" she took her concerns to the township's trustees. The trustees determined... Read More

SCOTUS Grants Cert in Supervisor Liability Case
Posted on 27 Jun 2012 by Philip Miles

Breaking news from the Supreme Court (sorry, no health care opinion today): The Supreme Court has granted certiorari in Vance v. Ball State University . You can read the order here in case you think I'm lying. The Petitioner's Brief (available... 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

How Swift Response to Racial Slurs and Graffiti Defused a Discrimination Claim
Posted on 12 Sep 2014 by Eric Meyer

You have an employee handbook, an anti-harassment policy, training, the whole nine. But, sometimes, notwithstanding your best efforts to create a positive, respectful workplace, you receive a complaint from an employee who claims to be the victim of... Read More

California Makes Anti-Bullying Training A Component Of Mandatory Harassment Training
Posted on 12 Mar 2015 by Sheppard Mullin

by Marlene Nicolas and Will Kim California employers with more than 50 employees must include “abusive conduct” prevention training in their mandatory harassment prevention training. Assembly Bill No. 2053 expanded the scope of training... 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

Harassment “Must-Have” No. 4: The Determination
Posted on 19 Jun 2015 by Robin Shea

It’s the moment of truth! ( Dum-dum-DUM! ) Two weeks ago, we talked about harassment “must-haves” 1 and 2: a good, plain-language policy, and training . Last week, we talked about “must-have” 3: the investigation . ... Read More

New Year’s Resolutions: The EEOC’S Focus on Workplace Harassment in 2015
Posted on 23 Jan 2015 by Steptoe & Johnson PLLC

by Mark C. Dean As the calendar rolls over into a new year, many of us are busy making resolutions, and it seems that certain government enforcement agencies are no different. On January 14, 2015, the EEOC held its first meeting of the new year, resolving... Read More

Workplace Sexual Harassment Prevention
Posted on 4 Nov 2015 by Philip Miles

For the first time in three semesters of teaching employment law at Penn State, I am cancelling class on Thursday. As a result, I recorded a video to address some of the issues we would have covered that day. Here's Intro to Workplace Sexual Harassment... Read More

Court Upholds Employee Firing After Complaining About Gay Slurs. Was That a Mistake?
Posted on 4 Nov 2015 by Eric Meyer

Mr. Gaff worked as a custodian at a University. He claimed that, on several occasions, his subordinate called him a “fa***t.” So, Mr. Gaff complained to his supervisor. Then, Mr. Gaff was later fired. Retaliation? Now, back to this case... Read More

The Other Side of the Coin on the Appropriate Response to Harassment
Posted on 21 Oct 2015 by Jon Hyman

Last week I discussed the importance of a timely and effective remedial response by an employer to an employee’s harassment complaint. Today, I examine the other side of the coin—what happens when an employer does not take proactive steps... Read More

Five Snips on Workplace Harassment (Plus a Bonus)
Posted on 9 Apr 2013 by Robin Shea

Five quick ones from the harassment world, plus a "bonus track" involving our old friends Sheryl Sandberg and Marissa Mayer. This is sexual harassment? On what planet? Employment Law360 (paid subscription required) reports that a court... Read More

Court: Title VII Prohibits Retaliation Based on Good-Faith Complaint of Sexual-Orientation Harassment
Posted on 25 Aug 2014 by Eric Meyer

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on a number of protected classes . Sexual orientation isn't one of those protected classes specifically listed in the statute. So, if an employee complains about sexual-orientation... Read More

If You Don't Want Anti-Bullying Legislation, Give Me a “Hell Yeah!”
Posted on 3 Apr 2014 by Jon Hyman

Bullying in the workplace isn’t illegal, unless it’s bullying because of some protected characteristic (sex, race, etc.). Yet, just because something is legal doesn’t mean it should be condoned. According to Today’s General Counsel... Read More

Just Because Harassment Is Offensive Doesn’t Make It Illegal
Posted on 13 Oct 2015 by Jon Hyman

Clifford Harris is a practicing member of the Voodoo religion. His co-workers at Electro-Motive Diesel often expressed their opinion about his religion, calling him “crazy” and describing it as “evil”. (For what it’s worth... Read More