Unless a bully is harassing someone because of a protected class (race, sex, age, disability, religion, national origin) bullying is probably legal.Read More
Even though the court concluded that the alleged harassment constituted one single incident, it was sufficiently severe such that a jury could conclude that it constituted a hostile work environment.
Critics of this decision argue that it leaves interns unprotected from harassment. Yet, there are three reasons why this decision doesn’t have nearly as big an impact as some would like you to believe.Read More
The time has come for Congress to step up to the plate and enact legislation including sexual orientation and gender identity as protected classes, and bring to and end the shameful protection of discrimination against this marginalized class of individuals.
A effective anti-harassment policy provides multiple avenues for an employee to complain. Otherwise, an employee will feel powerless if the person to whom a policy directs her to complain also happens to be the alleged harasser.Read More
No employee should have to deal with a sexually harassing workplace. But maybe those who choose to work for rappers Insane Clown Posse should forfeit the right to complain of sexually offensive content.Read More
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.Read More
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. Read More
I never thought I'd read about a case in which I could say to myself, “A $240 million jury verdict doesn't seem all that out of whack.” Then I read about the Equal Employment Opportunity Commission's recent $240 million jury verdict against Henry's Turkey Service. The agency alleged that the farm subjected its 32 mentally disabled workers to decades of abuse.Read More
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.Read More