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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

Is Siri A Victim And A Cause Of Sexual Harassment?

The next time employers offer sexual harassment training, they might want to require employees to bring their mobile devices. According to Leah Fessler, virtual assistants Siri (Apple), Alexa (Amazon), Cortana...more

5 ways to ensure your workplace Valentine doesn’t break your heart — or get you fired

This time of year, I am a total bleeding heart. Unlike most of my fellow employment law bloggers, I love Valentine’s Day, and I don’t have much of a problem with consensual workplace relationships between unmarried...more

Workplace Harassment: EEOC’s Employer Best Practices

How can an employer best prevent workplace harassment from occurring, and deal with it effectively when it occurs? What would the EEOC say employers should do? This is my third and final installment on the proposed...more

9 “Fun” Facts About Workplace Harassment, From The EEOC

Last week, I shared with you what I didn’t like about the proposed Enforcement Guidance from the Equal Employment Opportunity Commission on workplace harassment. Well, this is warm-and-fuzzy week. Moving on to the parts...more

Nitpicking the EEOC’s Proposed Guidance on Harassment

This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from...more

Holey Moley! Fox News Pays $20MM To Settle Gretchen Carlson Sexual Harassment Case

This just in, via Law360: Fox News has settled Gretchen Carlson’s sexual harassment lawsuit against former CEO Roger Ailes for a (reported) whopping $20 million. That’s less than the reported $60 million contract buyout of...more

9/7/2016  /  Settlement , Sexual Harassment

About that new “cat’s paw” decision . . .

Employers should beware of being too quick to believe an employee who accuses a co-worker of wrongdoing. If the accuser has an illegal motive (such as discrimination or retaliation), and if the employer is “negligent” in...more

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