The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its crosshairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course, when such allegations arise in the employment context, employers have a duty to investigate and to take action when there […]
The U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—has held that liability cannot be imputed to an employer for a manager’s alleged sexual harassment when the manager lacked decision-making authority over the employee.
by Theodore Fong The risks to employers in sexual harassment cases can be big. Potential liability can arise from any decision. Employers may then find themselves having to make tough decisions on tight timelines. The key to ensuring an appropriate response is to be prepared. Preparation will permit an employer to take a proactive approach, […]
Sexual harassment — the subject has exploded in recent weeks as people from all walks have spoken up about a menacing workplace problem. Even though antiharassment efforts are a priority in human resources circles, recent revelations about the actions of some high-profile executives are likely to cause employers to ask the question, “Are we doing […]
Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico onion farm.
Free governments across history have encouraged people to come forward when they see the law being violated. The United States is no different. Most states, including New Hampshire, have a statute affording certain protections to people who report wrongdoing, with such individuals normally referred to as “whistleblowers.” The basic idea behind all of these statutes […]
With data security concerns at an all-time high after the global “WannaCry” ransomware hack in May 2017, you may be wondering if you need to do more to protect your employees’ and customers’ personal information.
A recent case from the Tennessee Court of Appeals acts as a reminder of the importance of implementing and enforcing policies aimed at preventing sexual harassment in the workplace. The outcome of the case also shows that while you may not be able to prevent all inappropriate behavior by your supervisors, how you respond to […]
A multi-agency federal and state investigation has led to the guilty plea and imprisonment of Ohio businessman William M. Apostelos, who orchestrated a Ponzi scheme that included the theft of $1.9 million from an employee benefit plan. The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) and Office of Inspector General (OIG) participated in […]
In a split decision, the U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently held that the cat’s-paw theory of liability applies to retaliation claims under the Family and Medical Leave Act (FMLA).