Posts tagged Investigation.

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.

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For illustrative purposes only. This post is not political - I promise!

What makes a workplace investigation so good that you just can't wait to show the EEOC investigator what you did? And you're like, "Plaintiff's lawyer, take us to court -- please!"

All right, maybe nothing would make it that good, but here are nine things employers can do to ensure that they at least won't be ashamed of ...

Ah, February! The month of love! Of course, if you're a lawyer, you see the worst of humanity and never get to hear about true, faithful, honorable, self-sacrificial love -- sexual harassment is as close to "love" as we ever get. (See, you thought lawyers were just jerks - now you feel sorry for us!)

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So, in honor of St. Valentine's Day, this is the best I can do. Here are two recent sexual ...

"It could be that the purpose of your life is only to serve as a warning to others."

A politico and a priest in the news this week have much to teach men* who are accused of sexual harassment. Former head of the International Monetary Fund and French presidential hopeful Dominique Strauss-Kahn may not be guilty of sexual assault, after all. Meanwhile, a popular TV priest has put his foot in it ...

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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