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Harassment

'Vance v. Ball St.' Narrows Employer Liability for Harassment

June 26, 2013
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Make no mistake, this ruling is a huge victory for employers. This case limits vicarious liability only to those who are in an actual position to affect the plaintiff's terms and conditions of employment.
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He's a Lumberjack and, Apparently, He's Not OK

June 19, 2013
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Just because an employee posed nude for money in his 20s does not mean that he is comfortable with it becoming a workplace joke in his 40s. If an employee complains, the company has an obligation to investigate and take reasonable measure to stop the harassing behavior from continuing.
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What Do You Do When an Employee Refuses to Complain?

June 12, 2013
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Harassment is harassment, regardless of whether the victim complains or management learns of the harassment allegations another way. A company's obligations to investigate, and, if necessary, take corrective action does not change merely because the victim won't cooperate.
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Sexual Assaults in the Military and Mission Effectiveness

June 4, 2013
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Victims have reported that their attackers were the very people to whom they were required to report attacks. This system may cause complaints to be ignored or dismissed and the claimants ostracized or retaliated against.
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EEOC Sues Company for Forced Practice of Scientology

May 13, 2013
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If any of the EEOC's allegations in the lawsuit are true, the agency is going to have an easy time winning this case, which serves a good reminder that an employer cannot force its employees to conform to, follow, or practice, the employer's chosen religious practices and beliefs.
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There Is No Such Thing as a 'License to Harass'

April 18, 2013
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Employees need to understand that some participation in sex-based workplace hijinks does not create a license to harass in perpetuity. No one can tell where someone draws his or her personal line of inappropriateness, and trying to make that decision for someone else can only result in trouble (i.e., a lawsuit) down the road.
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Is Bullying the New Sexual Harassment?

April 17, 2013
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Office ogres exact not only an emotional cost but a monetary one. They can poison productivity, stifle creativity, and force good employees out the door.
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More on Retaliation for Firing After Complaints of Third-Party Discrimination

March 27, 2013
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Even if Title VII protects Richards' online venting as “opposition,” it is doubtful she will be able to establish a nexus between her comments and the termination. Her employer did not terminate her because of the contents of her tweet, but because of the very public nature of her complaints.
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Should Employers Be Liable for Conduct They Cannot Control? Fired for Tweeting About Third-Party Misconduct

March 26, 2013
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For Adria Richards to have a reasonable belief that she experienced unlawful discrimination or harassment, her employer needs to be able to do something about the alleged discrimination or harassment.
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