Anti-Harassment Policies

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Employment Law Checkup 2014

Each year usually starts with a lot of resolutions and good intentions that fall by the wayside, mostly for lack of a plan. One resolution of all employers should be to update their policies and practices to comply with the...more

Hot Employment Topics For 2014- Part VII: Same-Sex Workplace Harassment-The Hazards of a "Boys Will Be Boys" Policy

This is the seventh and last of a seven-part series describing "Hot Employment Topics for 2014." Part VII focuses upon "Same-Sex Workplace Harassment." The United States Court of Appeals for the Fifth Circuit recently...more

Anti-Discrimination Laws Going “Intern”-ational? New York City Extends Its Human Rights Law to Unpaid Interns

As we reported last October, a federal court in New York found that an unpaid intern could not bring a hostile work environment sexual harassment claim pursuant to the New York City Human Rights Law (“NYCHRL”). (Wang v....more

Employment Newsletter - March 2014: Practical Tips on Creating an Effective Unlawful Harassment Policy

It has been a long time since the 1991 Clarence Thomas Supreme Court confirmation hearings brought the issue of sexual harassment to the forefront of public consciousness. Hundreds of thousands of unlawful harassment claims...more

New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual...more

Off the Playground, Out of the Locker Room, and into the Office: How to Combat Workplace Bullies

The Miami Dolphins recently have come under intense scrutiny amid allegations that coaches encouraged defensive guard Richie Icognito to bully teammate Jonathan Martin in an effort to “toughen” him up. The alleged bullying...more

Employment Law Advisory for September 25, 2013: Anti-Harassment Training Due in 2013 for Many Employers

California law not only prohibits discrimination and harassment, it also requires certain employers (those that receive services from 50 or more persons, including both employees or independent contractors) to provide formal...more

Ontario Court of Appeal Clarifies When Workplace Harassment Constitutes Constructive Dismissal

The Court of Appeal’s decision in General Motors of Canada Limited v Johnson does not break any new ground in the law of constructive dismissal. But against the backdrop of Bill 168 (the Violence and Harassment in the...more

Labor Letter, August 2013: Make Your No-Harassment Policy Less Sexy

In recent years, many high-profile workplace-harassment lawsuits have grabbed headlines, complete with lewd and salacious allegations. Sexual harassment is indeed a form of gender discrimination and courts have issued many...more

The Nasty Side of Social Media…And What Employers Can Learn From It

It spread, as these things tend to do today, like a virus around 10 p.m. last night. “None [sic] cares about you. Go kill yourself. Maybe you’ll succeed this time.”...more

U.S. Supreme Court Limits Employer Liability In Title VII Supervisory Harassment Cases

In a significant decision issued on June 24, 2013, the U.S. Supreme Court held that employers are vicariously liable for unlawful harassment committed by a supervisor only if the supervisor is empowered by the employer to...more

What the DOMA Decision Means for Your Workplace

Unless you are on a news media embargo, you have probably heard the news by now. The United States Supreme Court today issued a watershed ruling regarding the Defense of Marriage Act (DOMA), the law barring the federal...more

Mexican Federal Labor Law Reform: What Companies Doing Business in Mexico Need to Know

Mexico’s new Federal Labor Law (FLL) took effect on December 1, 2012. The reform seeks to modernize Mexico’s labor law. The new FLL’s major, employment related amendments include increased regulation of outsourcing jobs,...more

Managers File Complaints About Employees’ Offensive Blog Posts, But Remedy Denied

Usually employees complain about their managers, not the other way around. In an interesting case, a group of managers, who complained that their workplace had been poisoned by the employer’s inaction in the face of...more

Labor Letter, March 2013: Pyrrhic Victories

King Pyrrhus of Epirus defeated the Roman army in the battle of Asculum, but at great cost. His comment, “Another such victory would utterly undo me,” applies to employment litigation....more

Global HR Hot Topic - March 2013: Cross-Border Anti-Harassment Initiatives

Challenge: A “zero tolerance” stand against illegal workplace harassment is laudable in US domestic operations. But wildly differing harassment laws and standards abroad complicate an inflexible global approach to eradicating...more

Textual Harassment Could CRE8 Liability For Employers

Originally published in Westlaw Journal Employment (Volume 27, Issue 15), February 20, 2013. Consider the following three scenarios: Scenario one: Terrence worked as a flight attendant for Fly Right Airlines. While...more

The 2012 Global Employer: Highlights of Littler's Fifth Annual Global Employer Institute

In this report: - I. Sustainable Innovations for a Changing Global Workforce - II. Forging a Global HR Team to Align with a Global Business: Transparency and Integration - III. Developing an Effective Global...more

NLRB Orders Reinstatement of Employees Fired Over Discussion on Facebook

In Hispanics United of Buffalo, Inc., 359 NLRB No. 37 (Dec. 14, 2012), the National Labor Relations Board (NLRB) found that an employer violated section 8(a)(1) of the National Labor Relations Act (NLRA) by firing five...more

Employer Violated Workplace Violence Law: Ontario Arbitrator

An Ontario arbitrator has found that an employer violated Bill 168 which introduced workplace violence provisions into Ontario’s Occupational Health and Safety Act....more

Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More [Video]

Our latest Corporate Law Report includes a look at how to deal with office relationships, changes to FMLA rules to benefit veterans, an unfortunate tax development for investors in certain California business, and other...more

Do 'Love Contracts' Ease the Risks of Office Relationships? [Video]

Every year around Valentine's Day employers are reminded of the risks surrounding workplace romances - but of course this is a tricky issue that exists all year long. Can a "love contract" - an HR document signed by both...more

‘Tis the Season for Office Romances … Love and the Office Water Cooler

As Valentine’s Day approaches, what better time to address the proverbial workplace issue — the office romance. While everyone certainly loves a great love story with a happily ever after ending, unfortunately, office romance...more

Just in Time for Valentine’s Day: When Employees Place Bets in the Workplace Dating Pool…

“Love is composed of a single soul inhabiting two bodies.”—Aristotle “The quickest way to a man’s heart is through his chest.”—Rosanne Barr Okay, so, in college I was good friends with this girl on the dorm...more

Can Being Called “Too Flamboyant” Be Basis for State Gender Discrimination Claim?

Let’s play the “law school hypothetical” game for a minute. (I know, not as exciting as a cat being chosen in Monopoly, but bear with me.)You hear the following allegations...more

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