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#MeToo Quiz!

How much do you really know, from an HR standpoint? It's time for another employment law quiz! I wanted to do one in honor of Mother's Day, but I couldn't top the one I did last year. (If you missed it then, here's the...more

Don't Scrap The "Severe Or Pervasive" Standard In Sex Harassment Cases

There are probably worse ideas, but I can't think of any right now. Legislation is pending in Minnesota (House File 4459) that would expressly remove the "severe or pervasive" requirement for a sexual harassment claim...more

50 States, 50 Sexual Harassment Training Requirements

Coming soon to a nation near you. New York State and New York City have enacted laws that require employers to provide sexual harassment training, joining California, Connecticut, and Maine....more

Proto-Sexual Harasser Found!

This Paneb makes Harvey Weinstein look like a choirboy. An ancient Egyptian papyrus details allegations against Paneb, who among many other crimes, allegedly sexually harassed (to put it mildly) women in roughly 1200 B.C....more

It ain't cool to be an April Fool.

The classic employment law/HR mistakes will always be with us. But are you ignoring these newer issues, hoping they're just flashes in the pan? Don't be an April fool! 1. Reassessment of marijuana testing in the workplace. If...more

Second-Guessing The Advice Columns: #MeToo Edition

Don't these columnists read the papers? The advice columnists had two big blunders this week on the topic of workplace sexual harassment....more

Sexts, Lies, And -- Crickets? The Week's Worst Employees

Sheesh. I know I'm always preaching to employers about how not to be jerks and how to treat employees legally and fairly. But not everything is the employer's fault. How would you like to have these people working for you?...more

Have A Workplace Romance Question? Ask The Doctor!

Workplace romance in the #MeToo era is so complicated. NOTE FROM ROBIN: Dear Readers: In honor of Valentine's Day (this coming Wednesday), I am pleased to welcome a guest advice columnist, Dr. Loveless, who will answer all...more

EEOC Charges Were Down In FY2017 . . . But Don't Celebrate Just Yet

After all, Fiscal Year 2017 ended just about the time that #MeToo began. Last week, the Equal Employment Opportunity Commissions released its charge statistics for Fiscal Year 2017, which ran from October 1, 2016 through...more

Rep. Meehan's Sex Harassment Settlement Proves My Points About NDAs

Once again, I wallow in the mud so you won't have to. Only two weeks ago, I posted about non-disclosure agreements ("NDAs") in sexual harassment settlements, and how confidentiality often benefits the victims....more

Aziz Ansari, And 10 Old-Fashioned Ways To Bail On A Bad Date

Just say no! Of course, the Aziz Ansari "date debacle" (or whatever it was) was not a workplace harassment situation. First, Mr. Ansari and his anonymous date were not co-workers. Second, Mr. Ansari may have been...more

1/19/2018  /  Harassment , Sexual Harassment

In Defense Of Confidentiality (Yes, Even In Harassment Cases)

The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps. One of the most talked-about proposals put forth since the recent sexual...more

A Visit From St. Nick, Esq.

My apologies to Clement Clarke Moore. Happy holidays! ‘Twas the holiday party, a break from the drudge, Not a creature was sober, not even a judge; The bar was well-tended, with liquor and wine, And all the employees...more

You Gotta Quit Kickin' HR Around

This bustin' on HR is gettin' me down, You got to quit kickin' HR around. Human Resources professionals seem to be everybody's favorite scapegoat. The profession is under attack yet again -- this time for apparently...more

Bill Would Ban Arbitration In Sex Bias Cases -- Is That A Good Idea?

On Wednesday, Sens. Kirsten Gillebrand (D-NY) and Lindsey Graham (R-SC) introduced the Ending Forced Arbitration of Sexual Harassment Act. The legislation has bipartisan support, although it's not clear yet how much. ...more

Don't Believe Everything You Read.

A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment. Two law professors co-wrote an article that appeared in yesterday's New York Times with the headline, "Boss Grab Your...more

WHAT NOW? The Sexual Harassment Scandals, And What Employers Can Do To Protect Themselves And Their Employees

Harvey Weinstein. Kevin Spacey. Charlie Rose. Louis C.K. Roy Moore. Al Franken. John Conyers. The list grows daily. Women and men are coming forward with allegations of sexual harassment and abuse, and some of the allegations...more

10 Things For Which This Employment Lawyer Is Thankful In 2017

What are you grateful for this year? Here is my list.- 1. The actual end of the Obama Administration's overtime and "Fair Pay and Safe Workplaces" rules. I was thankful last year that these two rules were on their last...more

Afraid You May Be A Sexual Harasser? Some Helpful Dos And Don'ts

So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape. An article in last Friday's New York Times indicated that in light of the ever-growing number...more

#Metoo? Sure, But Not All Sexual Harassment Is Alike, And Not All workplaces Are Like Hollywood.

According to a Wall Street Journal/NBC News poll published this week, 48 percent of working women believed they had been victims of sexual harassment in the workplace. My reaction was, “Only 48 percent?” I would have...more

Eight Takes On Sexual Harassment And Harvey Weinstein

Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around. Which, among other things, should include trying to make some form of restitution to his alleged victims....more

Employer Beware: Bad “Optics” Create Hostile Work Environment?

Yesterday, I posted about a disability discrimination case that the employer did not really screw up. Even so, a few less-than-optimal moves resulted in an adverse jury verdict that was upheld on appeal. In Chapter 2 of...more

“Not My Employee, Not My Problem.” Oh, Yeah?

Employers, has this ever happened to you? A guy (we’ll call him “Ryan”) comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan’s “HR” representative. Your company pays...more

Are You A Harassment “Daredevil”? Here Are 5 Behaviors That Put You At Risk.

Not every obnoxious workplace behavior is unlawful harassment. To violate federal law, the harassment has to be unwelcome, based on a “protected category” (for example, sex or race), and “severe or pervasive.” But most...more

9 Traits Of A Bang-Up Workplace Investigation

What makes a workplace investigation so good that you just can’t wait to show the EEOC investigator what you did? And you’re like, “Plaintiff’s lawyer, take us to court — please!”...more

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