Why the Increase in Demeaning Women Online Matters for Your Workplace: What's the Tea in L&E?
What's the Tea in L&E? "Passive" Harassment: When Does Workplace Decor Contribute to a Hostile Environment?
What's the Tea in L&E? Truth Hurts or Rumors? Lizzo’s Harassment Allegations Serve As A Good Reminder
Middle East Conflict Impact on the Healthcare Workplace: An HR Perspective
The Labor Law Insider - Pause Before You Discipline: NLRB Turns Against Civility in Lion Elastomers Decision
Labor & Employment Law: Vermont and Federal Legislative Update
Politics at Work
Employment Law Now: III-47 - New York, New World
III-41- Things That Make You Go “Hmmm” in Employment Law
Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
In the wake the U.S. Supreme Court’s April 2024 decision in Muldrow v. City of St. Louis, some federal courts feel compelled or justified applying the same rationale to lower the standard to prove up workplace harassment...more
Over the last few years, employers have faced new and expanded obligations under state and federal employment laws relating to prohibition of discrimination, harassment, and retaliation in the workplace. These changes stem...more
Apple TV’s hit dystopian workplace series Severance follows four employees at a mysterious company who perform critical yet cryptic work during their seemingly mundane 9-5. These employees have agreed to undergo a...more
One instance of a coworker directing the “N-word” to a Black employee can rise to the level of being so severe as to make for a racially hostile work environment in violation of the California Fair Employment and Housing Act...more
The U.S. Court of Appeals for the Ninth Circuit recently ruled, in Okonowsky v. Garland, No. 23-55404, that an employer may be held liable for a Title VII hostile work environment claim based on harassing content posted on an...more
A “supervisor,” for purposes of a Connecticut state hostile work environment claim, is an employee who is empowered by an employer to take tangible employment actions, the Connecticut Supreme Court recently held in O’Reggio...more
A recent Ninth Circuit decision clarifies employers’ obligations to address hostile work environment complaints arising out of employees' off-premises social media activity. In Okonowsky v. Garland (No. 23-55404; Jul. 25,...more
Tips For Assessing The State of Your Workplace Culture in Promoting Openness, Trust, and Inclusion. 6,000 more anonymous hotline reports were filed in 2023 than 2022, according to the respondent of Mitratech’s 2024 State...more
The Iowa Supreme Court filed its opinion in Tracy White v. State of Iowa and Iowa Department of Human Services on April 12, 2024. This case related to the issues of hostile work environments as raised under the Iowa Civil...more
On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more
Branch Rickey, former General Manager of the Brooklyn Dodgers and the man who gave Jackie Robinson his shot in the Big Leagues, once said that luck is the residue of design. (Actually, the phrase may come from the British...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
During Ward and Smith’s annual Employment Law Symposium, three attorneys provided insights on a fictional construction company's reaction to a serious job site accident. In the session, the attorneys shed light on key issues...more
The United States Equal Employment Opportunity Commission (“EEOC”) released proposed guidance on September 29, 2023, that explains the legal standards imposed and outlines employer liability with respect to harassment claims...more
Typically, harassment claims involve allegations that an individual has been harassed by a co-worker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against...more
The Chicago City Council recently adopted an ordinance (“Amendments”) amending the Municipal Code of Chicago to require employers to provide training to employees and supervisors on sexual harassment prevention and bystander...more
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 has passed Congress and President Biden is expected to sign it into law. The Act invalidates the enforcement of pre-dispute arbitration...more
Viewed as a risk mitigation tool, arbitration clauses are included in employment contracts and policies to route employer/employee disputes to a private forum and outside of the courthouse. Employers are attracted to such...more
Many states throughout the nation have been expanding employee protections under state and federal law. This year, Texas enacted two bills that significantly expand the protections for employees who assert a claim of sexual...more
In the wake of the #MeToo movement, Texas joins a growing number of states enacting legislation that enhances employee protections against sexual harassment in the workplace. Effective September 1, 2021, any Texas employer...more
While it seems evident that no employer would want an environment where employees are not respected, valued, and protected from being sexually harassed, it still happens. If you work for an Arizona employer, and you are being...more
Last week, we looked at some of the concerns businesses face when they consider whether to let an employee work the duration of their notice period or if it’s better to cut ties quickly. Read about the issues that notice...more
Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more
In 2020, politics permeates the workplace. Employers should anticipate election-related issues regardless of whether their workplace is open, remains virtual or falls somewhere in between. Striking a balance between the...more
As Oklahoma lawmakers make their way through the 2020 legislative session, I thought I would take a moment to look back at significant employment-related legislation passed in 2019. For employers, 2019 was the year of the...more