Employment & Labor Insider

He may hate the answer. Continue Reading ›

Don't expect the EEOC to appeal. Continue Reading ›

From the feds. Continue Reading ›

And you thought they’d be asleep the next four years. Continue Reading ›

You can't make this stuff up. Continue Reading ›

The bathroom battle (among others) continues. Continue Reading ›

The times, they are a'changin'. Continue Reading ›

Today is HR Professionals Day, an annual celebration that recognizes the hard work of Human Resource personnel and highlights the unique challenges they face. HR departments are often maligned, but they ensure that operations run smoothly and in accordance with the laws that govern the workplace. They also ensure that employees and managers have the support they need. Continue Reading ›

No good deed goes unpunished.

EDITOR’S NOTE: A prior version of this article was published on Forbes.com. Continue Reading ›

It's not over. Continue Reading ›

Pregnancy regs, harassment guidance under fire. Continue Reading ›

The TL;DR version. Continue Reading ›

How much do you know about this burning issue? Continue Reading ›

What's legal, and what's not? Continue Reading ›

With some help from Charles Dickens. Continue Reading ›

The teacher had a religious objection. Continue Reading ›

Even if you didn't do it. Continue Reading ›

It's worth a read. Continue Reading ›

Employees have a right to privacy. Continue Reading ›

These six will get the EEOC's attention in 2024-28. Continue Reading ›

The Plaintiff rapped. Will her case get zapped? Continue Reading ›

Nothing you wouldn't already have figured out. Continue Reading ›

Firm must go to trial on same-sex harassment claim. Continue Reading ›

You won't go wrong. Continue Reading ›

The impact on most employers should be minimal. Continue Reading ›

Booze, wage-hour, workers' comp . . . we have it all! Continue Reading ›

The right to bore, and not to be bored. Continue Reading ›

Employers, know your limits. Continue Reading ›

Probably. Employers, get ready. Continue Reading ›

Non-union employers, this goes for you, too! Continue Reading ›

Plans for the "new" EEOC. Continue Reading ›

Employers can't require arbitration of sexual harassment, assault lawsuits. Continue Reading ›

In determining what counts as harassment in the workplace, context matters. Continue Reading ›

And I'm not even talking about sexual harassment. Continue Reading ›

What should employers be watching for? Continue Reading ›

Here's what's been going on this week. Continue Reading ›

Can employers breathe easy now? Continue Reading ›

Before the coming crackdown. Continue Reading ›

Tougher EEOC and OFCCP, a legal challenge at NLRB, and more. Continue Reading ›

The EEOC is inviting us to ask for opinion letters! Continue Reading ›

Here are 10 quick takes. Continue Reading ›

Test your knowledge! Continue Reading ›

Only YOU can prevent a social media firestorm. Continue Reading ›

And, remember those wellness regulations? New ones are in progress. Continue Reading ›

At long last, the Illinois Department of Human Rights released its model State of Illinois Sexual Harassment Prevention Training. Continue Reading ›

National origin, race, age, pregnancy -- and coronavirus. Continue Reading ›

(Not a political endorsement.) Continue Reading ›

Illinois ended the old year and started the new with a bang. Continue Reading ›

Did I do that? Continue Reading ›

All the holiday party information that's fit to print, as we enter this most dangerous season for employers. Continue Reading ›

C'mon, Boomers - lighten up! Continue Reading ›

A change may be coming. Continue Reading ›

Millennials, can you relate to your older co-workers? Continue Reading ›

HR people, you know what I'm talking about. Continue Reading ›

Showing, again, that workplace gossip can get you sued. Continue Reading ›

And you thought you had problems! Continue Reading ›

Take care of yourself! Continue Reading ›

"The Justice in the bow tie." Continue Reading ›

This claim against the "Museum of Sex" should fail. Continue Reading ›

Most charges were down, but sex harassment, LGBT charges were up. Continue Reading ›

Even if your state is "easy," don't relax. Continue Reading ›

Follow these rules, and you can't go wrong! Continue Reading ›

No. Heck, no. Continue Reading ›

How dare they defend themselves! Continue Reading ›

How quickly things change! Continue Reading ›

Could be -- at the state level. Continue Reading ›

Act fast! Comments are due September 12, and a policy has to be adopted October 9. Continue Reading ›

When does crude language cross the line and become unlawful harassment? Continue Reading ›

The list is now down to three: Judge Kavanaugh, Judge Barrett, and Judge Kethledge. Can't wait for Monday! Continue Reading ›

It's probably coming, but it's not here yet.  Continue Reading ›

In poetry, because we are classy here. Continue Reading ›

How much do you really know, from an HR standpoint? Continue Reading ›

There are probably worse ideas, but I can't think of any right now. Continue Reading ›

It's enough to make an "onionhead" weep. Continue Reading ›

Coming soon to a nation near you.  Continue Reading ›

Don't these columnists read the papers? Continue Reading ›

Workplace romance in the #MeToo era is so complicated. Continue Reading ›

After all, Fiscal Year 2017 ended just about the time that #MeToo began. Continue Reading ›

Once again, I wallow in the mud so you won't have to. Continue Reading ›

Just say no! Continue Reading ›

The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps. Continue Reading ›

I do not think "associational discrimination" means what you think it means. Continue Reading ›

My apologies to Clement Clarke Moore. Happy holidays! Continue Reading ›

This bustin' on HR is gettin' me down, You got to quit kickin' HR around.
 Continue Reading ›

Here are some initial thoughts. Continue Reading ›

A boss who grabs an employee's breasts without her consent is indeed guilty of sexual harassment. Continue Reading ›

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. Continue Reading ›

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. Continue Reading ›

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?” Continue Reading ›

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. (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. Continue Reading ›

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. Continue Reading ›