How far do you have to go to protect an employee from sexual harassment–or any type of harassment for that matter? Let’s go back to basics. Title VII of the Civil Rights Act, employers prohbitis discrimination against applicants or employees based on race, national origin, sex or religion. The US Supreme Court ruled sexual harassment […]
What Might Ashley Judd’s Case Against Harvey Weinstein Mean for You?
A judge just ruled that Ashley Judd can proceed with at least part of her lawsuit against Harvey Weinstein. How do those of us who are not Hollywood stars or executives, relate to these people and their issues? Fundamentally, this case is about employment law issues, sexual harassment and retaliation to be specific. Ashley Judd, […]
Yes, You Can Be Liable for Harassment by Non-Employees, Even if They’re Mentally Ill…
By now, most of us know that Title VII, the ADA and a number of other federal laws prohibit harassment by employers. You probably also know that an employer can be held liable for harassment based on sex (including pregnancy), race, color, religion, national origin, age, disability or genetic information by an employee’s supervisor or […]
Uh oh. Your Employee Says S/he Was Harassed — and S/he has Recordings…
This week I want to tell you about a case that just might have something for everyone. The Federal Housing Finance Agency is facing the following allegations: a) sexual harassment by the Director; b) Equal Pay violations; c) retaliation; and d) recordings that reportedly support these allegations. Yowsa! I know in my head that these […]
“Sexual Horseplay” or Same-Sex Harassment?
Sometimes employees get physical. Sometimes it’s just “juvenile behavior” or “horseplay”, involving all employees and is arguably not based on one’s sex. Even physical contact with a sexual overtone might trigger tort liability but might not be sexual harassment. If it’s your employees involved in this type of behavior though, I doubt you really want […]