HR as Caesar’s Wife

more+
less-

An employee rejects a co-worker’s proposal of a physical relationship. The co-worker gets him fired. Is the employer liable for sex discrimination? This is different from earlier cat’s paw cases because the person who caused the discharge was a co-worker, not a supervisor, but according to one court, the standard for employer liability is negligence – just like other co-worker harassment cases. If the employer knew or should have known that the co-worker was motivated by discriminatory animus, the employer may be liable for the co-worker’s causing the termination. Velazquez-Perez v. Developers Diversified Realty Corp., No. 12-2226 (1st Cir. May 23, 2014).

What’s more, here, the co-worker was the human resources representative. Apparently employers have to scrutinize the circumstances of every HR recommendation to see whether the employer has any reason to investigate the HR rep.’s motives.

 


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Written by:

more+
less-

Sherman & Howard L.L.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×