News & Analysis as of

California Expands Mandatory Harassment Training to Include “Bullying” Prevention

California Governor Jerry Brown signed AB 2053 into law this month amending Government Code Section 12950.1 to require employers to address “abusive conduct” in their mandatory workplace sexual harassment prevention training....more

No One Likes A Bully: New California Law Mandates Anti-Bullying Training In The Workplace

On September 9, 2014, Governor Jerry Brown signed AB-2053, which mandates that certain California employers provide workforce bullying training in addition to already-required sexual harassment training and education. As a...more

New Laws Affecting California Employers: Anti-Harassment Protections for Unpaid Interns, Anti-Bullying Training for Managers, and...

California employers need to be aware of three important employment laws that were recently enacted. Effective immediately, California’s existing discrimination and harassment laws have been extended to unpaid interns....more

The CIA’s Epic Failure in Protecting Employees: Culture of Accountability Begins with Mandatory Workplace Harassment Training and...

You’ve probably seen the multiple stories and blogs that were published last week on the sad state of the workplace at the CIA. I read this post on the PBS Newshour site, noting that 15 CIA employees were found to have...more

Workplace Bullying and The Law

Could Jonathan Martin successfully sue the Miami Dolphins and Richie Incognito for workplace bullying? Probably not. - For one reason or another, the existing array of legal claims do not cover much of what would be...more

New Survey Shows Employers Not Addressing Workplace Bullying

Schools may have taken the issue of bullying head-on, but employees are often hard-pressed to do anything about the bully in the next cubicle. The Workplace Bullying Institute's 2014 US Workplace Bullying Survey found that...more

New York Employers Take Note: Anti-Bullying Legislation Moves Toward Passage

The February 14, 2014, release of the National Football League’s investigation report (see footnote 1) of the resignation and hospitalization of Miami Dolphins’ offensive lineman Jonathan Martin, and the suspension of left...more

Streamlining Your Student Bullying, Intimidation, Harassment, And Violence Reporting And Investigation Policies

As we notified you earlier this school year in a FR Alert, the recently enacted Erin’s Law requires all school districts in Illinois enrolling students in grades seven through twelve to have a policy on teen dating violence....more

“Boys Will be Boys” is Out of Bounds in Any Workplace – Even the NFL

I have not followed NFL football for many years, but the recent NFL report about the Miami Dolphins definitely caught my attention. The report, prepared for the NFL by a New York law firm, concluded that Richie Incognito and...more

Does Your Dealership Have A Locker Room Mentality?

If a year ago you had heard that conduct in an NFL locker room had resulted in a complaint of harassment and bullying, you might have assumed that the alleged victim was a female reporter. Few would have guessed that the...more

New Jersey Legislators Reintroduce Bill Seeking To Prohibit Workplace Bullying

On December 16, 2013, the Senate introduced another bill (S3115), the “Healthy Workplace Act,” seeking to prevent workplace bullying, abuse, and harassment. The bill would prohibit any conduct in the workplace that a...more

Fight against Cyber bullying more successful after self-regulatory code?

Cyber bullying might be better prevented as a consequence of the self-regulatory code whose draft version is now subject to a consultation run by the Italian Ministry of the Economic Development....more

Workplace bullying on the rise

When an NFL lineman makes allegations that one of his teammates bullied him, people notice. A big, strong lineman in the macho world of pro football is not someone people think would or could be affected by teasing, jokes and...more

Incidents of Race-Based Bullying Highlight Need for Prompt and Effective Responses by Educational Institutions

Educational institutions are advised to audit their procedures for investigating and responding to race-based conduct in light of recent news reports about incidents of bullying, hazing, and racial harassment. Today,...more

On the Job, On the Field – Bullying in Sport

Recent events in the United States have again brought the issue of workplace bullying to international attention. However, in contrast to many other cases, this recent issue arose in the context of a sporting team where it is...more

Employment Newsletter - November 2013: Incognito No Longer: Workplace Bullying Legislation Again at the Forefront

The much “ballyhooed” controversy surrounding the Miami Dolphins’ offensive tackle Jonathan Martin’s departure following the allegedly incessant bullying and harassment by all-pro lineman Richie Incognito has reignited the...more

Boys Will Be Boys? Dolphins Face the Tough Question of Where Locker Room Behavior Ends and Workplace Harassment Begins

There is no crying in football, but is there harassment? The Miami Dolphins, a National Football League (NFL) franchise, faces this question in the wake of a highly-publicized bullying scandal involving the Dolphins’...more

But it’s our locker room: What is acceptable behavior in the sports workplace?

The first week in November was a particularly interesting period in the National Football League, especially as it applies to what is acceptable behavior between football teammates and in a professional locker...more

Now is Not the Time to “Man Up”-- Gender Stereotyping Can Be Same-Sex Harassment

Big Bob supervises an all-male make-ready crew. The team gets along well— they get their work done but have fun doing it. The guys banter throughout their shift, calling each other inappropriate names, telling dirty jokes,...more

School District’s Actions To Stop Bullying Not Enough To Avoid $1 Million Damages In Student-On-Student Harassment Case

In Zeno v. Pine Plains Central School District, the school district lost its challenge to a $1 million damage award for student-on-student harassment. Former student Anthony Zeno prevailed at trial against his school district...more

Student Awarded $1 Million In Student Harassment Case Against School District

On December 3, 2012, the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision that the Pine Plains Central School District violated Title VI of the Civil Rights Act of 1964....more

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