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 […]
Seeking “Young and Fresh” Workers. Uh-Oh…
I’m back–in case you noticed an absence in the last 3 weeks. I was firmly ensconced in “Wedding Land” tying up loose ends and then celebrating as I married off my only daughter about a week ago. (Holy cow, I’m now a mother-in-law! I know I digress, but I just couldn’t resist.) I won’t keep […]
Don’t Fire a Whistleblower–Even if S/he’s Wrong!!
Your employee alleges discrimination or harassment, or conduct that s/he believes is otherwise illegal. Most of you know that you shouldn’t fire the employee or take some other adverse action in response. I’ve posted about that here. That’s retaliation, and it’s illegal. In a discrimination case, you could pay big bucks for both the discrimination […]
Do Employees’ Gender Expression Rights Trump Employers’ Religious Rights? One Court Says “No”.
The EEOC has made very clear its position that Title VII’s prohibitions against sex discrimination apply to transgender employees. (Click here for review of that issue.) It also sued a funeral home in Michigan in September 2014 when it fired its funeral director, a transgender employee, for dress code violations. It also lost at the trial […]
Can a “Sub-Group” of Over-40 Workers File a Federal Age Discrimination Claim?
You probably know it’s illegal under the Age Discrimination in Employment Act (ADEA) for employers to discriminate against workers over 40 years old. You may also know that large groups of over-40-year-old workers can sue as a group, and file what is known as a class-action lawsuit. Occasionally, a class-action lawsuit will involve sub-classes, i.e. […]