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Harassment

'He Liked Breasts' Is Never an Appropriate Response to a Harassment Complaint

October 23, 2014
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What is an appropriate response? Here are 10 steps to follow if you receive a harassment complaint from an employee.
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The Difference Between Sexual Discrimination and Sexual Favoritism

October 8, 2014
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What is the difference between sexual discrimination and sexual favoritism? The former is illegal, while the latter isn’t.
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Even the Lone Wolf can Establish Protected Concerted Activity With Today’s NLRB

August 19, 2014
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This case creates a dangerous precedent. It enables an employee to create an unfair labor practice out of thin air merely by airing an issue with co-workers, regardless of whether those co-workers share in that concern.
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When Retaliation Stands the Test of Time

August 15, 2014
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An employer cannot hold a grudge against an employee who engaged in protected activity, with the hope that the passage of time will permit later retaliation.
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Orange is the New Sexual Harassment Lawsuit

July 23, 2014
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If your workplace is sexually charged, it will catch up with you eventually.
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A Prescription to Stop Bullying

July 18, 2014
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Leaders must explicitly communicate that uncivil, abusive behavior is thwarting their institutional objectives.


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The United Colors of Harassment Claims

June 24, 2014
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'No one should have to put up with sexual comments or touching while they are just trying to make a living.'
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Equal Treatment in Workplace Misconduct Helps Avoid an Ugly Discrimination Claim

June 9, 2014
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Parties who are equally culpable in workplace misconduct should be treated equally. Disparate treatment is, well, disparate treatment, which is a Title VII no-no.
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Legal Poisons at Work

May 27, 2014
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The subtle way intent is communicated through behaviors like tone of voice, eye contact, facial expressions and body language, can diminish the productivity of others.


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Creative but Unnecessary: Lewd Picture in Harassment Case Refused as Evidence

May 15, 2014
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Bravo for creativity, but let me suggest a less intrusive, and more conclusive, alternative to the racy pic: a forensic exam of the phone that sent the photo.
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