Last fall, I reported on a proposed Enforcement Guidance issued by the Equal Employment Opportunity Commission on workplace harassment. I gave the proposed guidance a good review overall, although I had some disagreements...more
With some help from Charles Dickens.
Marlie was dead: to begin with. There is no doubt whatever about that. The register of her burial was signed by the clergyman, the clerk, the undertaker, and the chief mourner. Scrooge...more
12/22/2023
/ CFOs ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Hiring & Firing ,
Hostile Environment ,
Human Resources Professionals ,
Sexual Harassment ,
Threshold Requirements ,
Wage and Hour ,
Willful Violations ,
Working Time Regulations
Even if you didn't do it.
The recent proposed Enforcement Guidance on Harassment in the Workplace published by the U.S. Equal Employment Opportunity Commission has some good recommendations for harassment training topics....more
It's worth a read. The U.S. Equal Employment Opportunity Commission recently released a proposed Enforcement Guidance on Harassment in the Workplace, and it's quite good. Don't let the length intimidate you. If you aren't an...more
10/6/2023
/ Anti-Harassment Policies ,
Bostock v Clayton County Georgia ,
Comment Period ,
Complaint Procedures ,
Corporate Counsel ,
Corrective Actions ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
LGBTQ ,
Pregnancy ,
Pregnant Workers Fairness Act ,
Religious Accommodation ,
Religious Expression ,
Sexual Harassment ,
Transgender ,
Workplace Harassment Guidance
Morals based on a real court decision.
My law partner Jon Yarbrough alerted me to a recent court decision that is full of little gems for employers. I thought I'd break the decision down into "true fables," each with a...more
4/28/2023
/ Adverse Employment Action ,
Disability ,
Employment Contract ,
Good Faith ,
Honest Belief Defense ,
Morals Clauses ,
Protected Activity ,
Reasonable Accommodation ,
Retaliation ,
Sexual Harassment ,
Termination ,
Title IX ,
Wage and Hour
Firm must go to trial on same-sex harassment claim.
If one employer's swings and misses can help other employers -- this case is a grand slam.
An executive recruiting firm hired a kid right out of college to work out of its...more
You won't go wrong.
Top o' the mornin'! This post has nothing to do with St. Patrick's Day, but I hope you're having a good one.
When I conduct harassment training for supervisors and managers, we spend a good bit of time...more
The impact on most employers should be minimal.
As you've probably heard, President Biden has recently signed into law two measures that could affect employers: The Speak Out Act, and the Respect for Marriage Act....more
12/16/2022
/ Employment Discrimination ,
Independent Contractors ,
Joe Biden ,
Marriage ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Obergefell v. Hodges ,
Pre-Dispute Arbitration ,
Pre-Employment Agreements ,
Religious Beliefs ,
Same-Sex Marriage ,
Sexual Assault ,
Sexual Harassment ,
Trade Secrets
Employers, know your limits.
As most of our readers know, for inappropriate behavior to be "sexual harassment,” it has to be "unwelcome" to the recipient....more
Non-union employers, this goes for you, too!
An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more
8/12/2022
/ Anti-Harassment Policies ,
Discipline ,
NLRA ,
NLRB ,
Offensive Language ,
Over-Time ,
Protected Concerted Activity ,
Sexual Harassment ,
Social Media ,
Unfair Labor Practices ,
Unions ,
Voluntary Participation ,
Wrongful Termination
Will this catch on in the States?
A tribunal in the United Kingdom has reportedly ruled that insulting a man for being bald is sexual harassment.
According to news reports, the tribunal was made up of three bald men....more
Of course it is!
Every time I think I’ve heard everything, I hear another thing.
Melinda Abbt was a firefighter for the City of Houston. On her own personal computer, she had a video of herself dancing nude. She made the...more
The questions that people send to advice columns!
"I sent $10,000 worth of birthday presents to my grandchildren, and not one of them wrote me a thank you note. Can I stiff them next year?"
"My boyfriend cheats on me...more
Employers can't require arbitration of sexual harassment, assault lawsuits.
President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
The legislation provides that...more
And on to President Biden, who is expected to sign.
Yesterday, the U.S. Senate passed by voice vote the "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act." The legislation passed the House on Monday,...more
And I'm not even talking about sexual harassment.
As you all know, New York Gov. Andrew Cuomo (D) tendered his resignation this week, graciously offering to work a two-week notice.
I am not going to pile on about the...more
Here's what's been going on this week.
Some noteworthy labor and employment developments from the past week, in no particular order:
Court rules against Christian teacher who wouldn't use kids' names, preferred...more
7/16/2021
/ Americans with Disabilities Act (ADA) ,
Equal Employment Opportunity Commission (EEOC) ,
First Amendment ,
Gender Identity ,
Hostile Environment ,
LGBTQ ,
Ministerial Exception ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Religious Accommodation ,
Religious Schools ,
Sex Discrimination ,
Sexual Harassment ,
Title VII
The EEOC is extending its mediation program until September 30.
I have long been a fan of the voluntary mediation program offered by the U.S. Equal Employment Opportunity Commission. As most of you know, the program allows...more
Back for 2020!
NOTE FROM ROBIN: For the past two years, Employment & Labor Insider has been honored to feature a guest Valentine's post from the renowned advice columnist Dr. Loveless. I am delighted to announce that the...more
Almost all good news for employers.
DHILLON'S FIVE PRIORITIES-
Janet Dhillon, Chair of the U.S. Equal Employment Opportunity Commission, issued her priorities for the year 2020, and employers ought to like most of...more
Showing, again, that workplace gossip can get you sued.
I really feel that the employer will win this case, for reasons I'll discuss below, but first . . .
A federal judge has said that starting malicious rumors that a male...more
That article he wrote on sexual harassment was fine.
Yesterday, Politico had a post about a law review article written in 1998 by Eugene Scalia, President Trump's nominee for Secretary of Labor. The article had the dramatic...more
This claim against the "Museum of Sex" should fail.
Have you ever heard of the Museum of Sex in New York City? It's a real thing....more
Avoid a seasonal faux pas!
Dear Miss Mannerly:
My office is business casual -- until June. Even though we don't have a lax summer dress code, many of our employees just "assume" they can dress like hooligans. We have all...more
Most charges were down, but sex harassment, LGBT charges were up.
On Wednesday, the Equal Employment Opportunity Commission released its charge-filing statistics for fiscal year 2018, which ran from October 1, 2017, through...more