News & Analysis as of

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 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

Business News Digest – December 2013

In this issue: - NIST Holds Fifth Workshop on Cybersecurity Framework; Incentives Still Lacking - Advertising Law News & Analysis - November 1, 2013 Edition - November 7, 2013 Edition - November 14,...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

Hazing Spouses on the Internet: Constitutionally Protected or Bad Judgment…or Both?

A couple of years ago I posted a blog entitled, You Have the Right to Speak Your Mind About Your Spouse, But is It a Good Idea? The post addressed the constitutional rights of a divorced husband to create a website dedicated...more

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