News & Analysis as of

Bruce Levenson Takeaways, Plus 5 History Lessons To Add “Oomph” To Your Business Ethics Training

It’s amazing to me that we’ve made it to 2014 and we’re still hearing widespread reports of racism and race-based harassment and discrimination. In 2013, the EEOC received 8,519 race-based harassment and discrimination...more

Grandmothers Of The World Unite To Create Congress’ Discrimination And Harassment Training

You think I’m joking? I’m not joking. Have you heard about the harassment and discrimination that Senator Kirsten Gillibrand (D-NY) has been subjected to by fellow members of the Senate? While working out at the...more

Discrimination and Harassment Training A Necessity In Male Dominated Industries

If you have ever seen Parks and Recreation, a TV show featuring a cast of funny all-stars such as Amy Poehler and Rashida Jones, then you might be familiar with one episode where Leslie Knope (Poehler) decides it’s time to...more

Hierarchy of Needs And The Need For Code of Conduct Training, Discrimination and Harassment Training, Workplace Violence...

While I was a student at Auburn University I took a psychology class. During the class we learned about Maslow’s Hierarchy of Needs. Abraham Maslow was an American psychologist who wanted to understand what motivates people’s...more

EEOC Benchslaps Just Keep Coming

Yesterday we reported on an entertaining “man bites dog” case initiated by a former EEOC Phoenix Regional Office investigator who sued the EEOC for race discrimination, retaliation, and violation of her civil rights. “Another...more

Crazy Statistics: Protect Your Company From The 234 Million Dollar Beast with Discrimination and Harassment Training

Do you want to hear some CRAZY numbers? Of course you do, because just like me, you read about harassment and discrimination settlements for fun. (We are weird people, and probably need to take up a different hobby, but I...more

Six Tips for Avoiding Transgender Discrimination in the Workplace

Transgender employees present special concerns for employers when developing and applying personnel policies and procedures, from restroom access issues to preventing discrimination and harassment. Employers who do not...more

False Filing Still Protected

A policy against making bad faith complaints of discrimination or harassment is no protection for an employer. Recently, an employee – jointly employed by the Army and a private employer – filed a complaint of age...more

Better Check The Brakes

The previous month’s sales numbers are final and Jane’s sales are abysmal…again. You’ve had enough and decide to fire her. You call HR to get the paperwork started. Your HR manager tells you that Jane has just left her office...more

Workplace Investigations: What You Need To Know

Employee complaints of discrimination, harassment and retaliation in the workplace have been on the rise over the past years. Employers and administrators must be ready to respond to these types of claims. In the...more

Illinois Municipality Concludes Probe on Hostile Work Environment

Blowing the whistle does not always need to involve fraud and malfeasance. Sometimes a culture of apathy allows a hostile work environment to develop that can only be addressed with outside intervention. Employees and...more

10 Tips for Preventing Third-Party Harassment and Discrimination

Workplace harassment is a serious issue, whether it involves unwanted sexual advances or derogatory remarks about a person's race or skin color. Employment laws hold employers responsible for ensuring that the workplace is...more

Executive Order Requires Certain Federal Contractors to Self-Report Labor Violations; Prohibits Mandatory Arbitration of Certain...

On July 31, 2014, President Obama signed the "Fair Pay and Safe Workplaces" Executive Order ("EO"), requiring federal contractors and subcontractors bidding on contracts over $500,000 to disclose any violations that they have...more

EEOC Roundup: June 2014

Employment is heavily regulated in the U.S., where it is illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or...more

Sex Stereotyping, Sexual Orientation Discrimination, And Federal Law – Crazy-Mixed-Up Right Now

The Employment Non-Discrimination Act is dead again, so there isn’t a federal law prohibiting discrimination based on sexual orientation. Is there any federal law on same-sex harassment or discrimination? If so, what is it?...more

Rampant Sexual Misconduct in Indiana Prison Shows Pitfalls for Employers

Believe it or not, this is not a scene from the new season of Orange is the New Black. It’s actually the opening lines from Orton-Bell v. Indiana, No. 13-1235 (7th Cir. July 21, 2014), an opinion authored by Judge Manion, and...more

Week in Review

Some high profile companies, including two technology giants, made headlines this week after former employees filed lawsuits against them alleging discrimination and harassment. The case against Yahoo is likely to be...more

3 Reasons Why Tech Startups Struggle with Discrimination and Harassment Training (And 5 Effortless Ways to Protect Your Startup)

I get it – snooze-worthy, old-fashioned harassment and discrimination training isn’t in line with the vibe you’re trying to create at your hip tech startup. You want to be laid back, cut out all the corporate bull$&^*, build...more

New Jersey Court Upholds Use of Job Application to Shorten Statute of Limitations for Employment Claims

According to a recent decision from New Jersey’s intermediate appellate court, employers in New Jersey can now reduce the statute of limitations for employment claims by adding the appropriate language to their job...more

Polsinelli Podcasts - Workplace Bullying: What Employers Need to Know [Video]

We've all heard of schoolyard bullying, but employers need to be aware of possibility of workplace bullying and how it can impact the employer’s business. When an employee, or employee group, singles out another employee for...more

Breaking Down New Regulatory and Administrative Initiatives in the L&E Space

Recently, the NLRB chair, Mark G. Pearce, confirmed that the Board will continue its emphasis on social media cases. In 2011 and 2012, NLRB Acting General Counsel Lafe Solomon released three memoranda detailing the results of...more

Appeals Court Upholds Jury Verdict and All Relief Awarded Against A.C. Widenhouse in EEOC Race Harassment Case

Trucking Company to Pay $243,000 for Subjecting African-American Employees to Racial Slurs and Nooses, Retaliation - WASHINGTON - In the latest of a series of successes in the U.S. Equal Employment Opportunity...more

A Tale of Two Jurisdictions: Human Rights Laws in New York City and Tennessee Head in Opposite Directions

Sitting here in the Big Apple, the thought of the New York City Council voting to narrow the reach of the New York City Human Rights Law seems roughly equivalent to the thought of a Game of Thrones episode without any...more

The Terrifying Reason Why Today’s Harassment and Discrimination Training Isn’t Enough

Nobody wants to think of their workplace as unsafe. As an employer, you have a vested interest in keeping your employees (not to mention yourself) as well as your company safe. Harassment and discrimination training is...more

Two May Be Company, But Two Racial Slurs in Two Days is Not Enough for a Hostile Work Environment Claim

Often an employer is forced to defend a lawsuit filed by an employee complaining that he or she was subjected to a hostile work environment based on slurs. Title VII of the Civil Rights Act of 1964 makes it unlawful for...more

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