Tag Archives: Harassment

So What’s it Going to Cost Me?

cost
When faced with an employment discrimination, harassment or retaliation claim, often the immediate response is, “We are going to defend ourselves and prove we are right,” followed by, “So what will it cost us if we lose?” This article describes the damages available to a prevailing party under the primary federal employment statutes.… Continue reading this entry

Avoiding Investigation Mistakes in the 'Me Too' Era

#MeToo
Workplace investigations have always been a key part of the human resources function and employment law compliance. However, the need for such investigations, and the consequences of conducting them poorly, have grown exponentially in the “Me Too” era. Obviously, more employees are aware of their rights and feel emboldened to exercise them. Additionally, complaints not … Continue reading this entry

#MeToo – Is Mandatory Arbitration On The Chopping Block?

Arbitration
On an almost daily basis, the news is filled with reported allegations of harassment by news anchors, Hollywood titans, Senate candidates, sitting congressmen, celebrity chefs, network executives and even the president. The coverage includes large settlements, mishandled investigations and more.  Employer concerns have been elevated from the HR department to the boardroom as compliance programs … Continue reading this entry

New California Laws – 2018

California
We are writing to bring you up to date regarding key California employment laws that take effect in the upcoming year. What follows is a description of newly approved California laws, effective January 1, 2018, at least some of which may impact your company directly if you have employees in the Golden State.… Continue reading this entry

Texas Legislator Proposes Bill to Protect Workers' "Political Beliefs"

Last week, Representative James White, a Republican representing District 19 (Hardin, Jasper, Newton, Polk, and Tyler Counties), proposed a new state law that would protect Texas workers from adverse actions for expressing their political opinions and views away from the job.  The key provision of the proposed legislation defines “political beliefs” to include “only” those beliefs … Continue reading this entry

EEOC Issues New Harassment Guidance

The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance crystallizing the agency’s expectation that employers be proactive in eliminating workplace harassment.  The Proposed Enforcement Guidance on Unlawful Harassment, which was published on January 10th, requires that employers implement programs to combat “known or obvious risks of harassment,” and states that a failure to do … Continue reading this entry

ABA Seeks to Combat Discrimination, But Clients May Hold the Keys to Progress

We normally devote our small corner of the internet to updating you on the latest developments with the goal of helping employers do the right thing, most often from a legal compliance standpoint, but occasionally from a broader social perspective. In short, we are here to help you. From time to time, we look to … Continue reading this entry

Legal Considerations for Employers during Election Years—Part III

With the Presidential election heating up, employers may see an increasing interest in politics among their employees.  As we have covered recently in the Work Knowledge Blog, private employers are not bound by the First Amendment’s right to free speech.  But employees do have certain limited rights in the workplace relevant in election years, including … Continue reading this entry

Employer’s Super Anti-Harassment Policy May Increase Its Liability

Discrimination
A federal court in Connecticut recently concluded that a fired employee could have a valid disability harassment claim based on statements prohibiting all harassment contained in the employer’s personnel manual. The company manual did not have standard “this manual does not create contract rights” language and stated that it prohibited any inappropriate workplace conduct, “not … Continue reading this entry

The "R" Word: Are You Taking Steps to Avoid Future Retaliation Claims?

A recent case illustrates the importance of taking steps to protect your company from potential retaliation claims. Ms. Danielle L. Pickett, a former employee and a housekeeper at a nursing home, claimed that she had been fired in retaliation for repeatedly complaining about being sexually harassed by nursing home residents. Shortly after complaining about being “cornered … Continue reading this entry