Posts in Harassment.

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.

The feds are talking about NLRB-EEOC coordination, an end to collection of compensation data, and an inflation-indexed salary test for the overtime exemption. Here's the scoop.

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?”

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 allegedvictims. (None of this ridiculous “atonement by fighting the NRA.”)

There are more Weinstein stories than I can link to, but here are the two original sources: The article by Jodi Kantor and Megan Twohey in The New York Times is here, and Ronan Farrow’s excellent and very disturbing article in The New Yorker is here.

Mr. Weinstein, through a spokesperson, has denied engaging in any non-consensual sexual relations or retaliating against anyone who refused his advances. The full denial is in the video, below.

Here are my eight takes from an employment law and Human Resources perspective:

No. 1: “Quid pro quo” harassment is just a fancy word for extortion — where the prize is sex, instead of money or property. When an employer threatens to terminate (or otherwise punish) an employee for refusing sexual advances, or promises to hire (or otherwise reward) her for participating, then that is extortion. (I’m using “she” and “her” for convenience, but men can be victims, too.) In the ordinary employment context, an employer is strictly (automatically) liable if a supervisor or manager engages in this type of harassment.

Has the world gone crazy?

A. No.

B. Yes.

C. The word “crazy” is a microaggression.

ANSWER: B.

Welcome to our world! 

See how you do with these guaranteed true news items from the last week, all relating to employment law. Then tell me whether you agree that we are living in some crazy times. YCMTSU.*

*You Can’t Make This Stuff Up. (I think this cliche has earned an internet acronym ...

Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College in Macon, Georgia.

In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that B&H had discriminated against female, black, and Asian jobseekers by hiring only Hispanic men for entry-level positions.  The OFCCP also alleged that Hispanic employees were harassed, paid less than similarly situated workers, and denied promotions because of their ethnicity.

The agency and the company recently entered into a consent decree, in which B&H agreed to pay $3.22 million in back wages to more than 1,300 affected class members. The company has also agreed to hire a workplace consultant to address its employment practices and workplace conduct. In addition, the company must provide its managers with annual training on EEO principles and on workplace harassment.

By agreeing to the consent decree, the company did not admit any guilt or wrongdoing. The company released a statement denying all of the allegations, but recognizing that litigation would be costly and resolution would allow it to return to business “as usual” with the government.

If you're a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or activities, but those jurisdictions are the ...

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 our series on "employers who didn't really screw up but still lost" is a sexual harassment case that bothers me, involving the Idaho Department of Corrections ...

Don't be a daredevil!

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 employers aren't satisfied with banning only "illegal" behavior, and rightfully not. The law does a fairly good job of keeping us from each ...

LaLonnie wrote this post with Sandra Sok, who is clerking for the summer in our Denver Office. Sandra is a rising second-year student at the University of Colorado Law School. Before starting law school, she worked as a paralegal while earning her undergraduate degree from the University of California, Irvine.

LaLonnie Gray
LaLonnie Gray

A law was born.  On June 23, 1972, President Richard Nixon ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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