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.Read More
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.
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.Read More
Do you have a case for discrimination and harassment if you’re an African-American whose boss calls you a 'n***er,' and intimidates you with a handgun during meetings? You bet you do.Read More
A Title VII amendment is needed to make it absolutely clear that sexual-orientation discrimination is not only abhorrent, but is also illegal.Read More
Harassment is harassment, whether its a male-on-female, or female-on-male. As long as the harassment is 'because of sex,' it’s illegal.Read More
The lesson here isn’t so much how social media is impacting EEO laws, but instead how employers are adapting their current policies and training to adapt to these new technologies.Read More
If you don’t want something to appear on the front page of the newspaper, or to be read in front of a judge or jury, don’t put it in writing. Don’t email it, don’t text it, don’t Facebook it, and don’t tweet it.Read More
What’s striking is that the behaviors identified in the Richie Incognito/Miami Dolphins report are comparable to what has occurred in law firms, accounting practices, health care institutions and academia.
A line exists between the use of general profanity in the workplace and the use of profanity directed at somebody because of their religion. Nevertheless, employers should take seriously all harassment complaints in the workplace.Read More