Posts tagged Hostile Work Environment.

"The Justice in the bow tie."

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 ...

Dear Readers: Not that anything in this blog constitutes legal advice anyway, but before you accuse me of legal malpractice based on the following post, please notice today's date. Happy April Fool's Day! Robin

Many employers ask me: "Robin, what are your 'best practices' for workplace sexual harassment?" I'm glad you asked!April Fool's Day.flickrCC.OneWayStock

No. 1: Be sure that your policy on sexual harassment is ...

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Alison and Adam, rest in peace.

What could WDBJ7-TV have done to prevent Wednesday morning's tragic on-air murders? Unfortunately, probably not a thing.

I'm a second-guesser, and I have spent much of the last 48 hours racking my brain about what the CBS affiliate in Roanoke, Virginia, could have done differently. Based on what I've been able to discern, the station did everything ...

Woman Indignant.flickrCC.DavidJohns
"Doing your job? The NERVE!"

If you try to prevent or end workplace discrimination as part of your job, is it legal for your employer retaliate against you?

Inquiring HR professionals, in-house lawyers, and counselors want to know!

The U.S. Court of Appeals for the Third Fourth Circuit says no - Title VII's anti-retaliation protections apply to you, too.

In a very significant ...

Some employers really, really hate to fire employees. That doesn't mean they won't do it - but they'll do just about anything to avoid calling it what it is.

Shovel Art.flickrCC.TonyAlter
"You should usually call a spade a spade."

A few months ago, I wrote about "bogus RIFs" - when an employer tries to avoid "firing" an employee by claiming it's really a "reduction in force."

There's another kind of ...

As you may have seen, the jury in Marchuk v. Faruqi came back yesterday with a verdict for plaintiff Alexandra Marchuk, but it will not allow her to retire, nor will it even pay off her law school student loans.

Audience.flickrCC.StuartRichard Thousands gather at Employment & Labor Insider
to get the scoop.

Ms. Marchuk got a total of $140,000:

$70,000 in back pay

$20,000 in front pay

$5,000 in punitive damages against the law ...

Law360 reports this afternoon that the jury returned a verdict for Alexandra Marchuk and against defendants Faruqi & Faruqi, LLP, and partner Juan Monteverde. The jury awarded her $90,000 in actual damages, and punitive damages will be determined later. She had asked for $2 million.

Ms. Marchuk won on her hostile work environment claim under the New York City Human Rights Law. However ...

The U.S. Court of Appeals for the Fourth Circuit has come out with a decision interpreting the Americans with Disabilities Act Amendments Act that pretty much confirms all of our worst fears about the scope of that new law.

And I think the Court's legal analysis was 100 percent correct.

 

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Sorry, employers, but the Fourth Circuit nailed it.

 

The Fourth Circuit hears appeals from federal ...

I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.

 

Fireplace.512px-Fireplace-RM.jpgThe weather outside is frightful, but the fire's so delightful!


Our first case involves a type of harassment ...

Robin Shea has 30 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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