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Litigation Value $450,000 Overall, I’d say that Oscar has a good (read expensive) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, after Toby confidentially tells Michael that Oscar is gay, […]
Employers all know the importance of investigating allegations of misconduct, discrimination, and harassment in the workplace. But even so, that practice sometimes falls by the wayside when times get busy. Here’s a look at a recent Tenth U.S. Circuit Court of Appeals decision on workplace investigations. Workplace Investigations: The HR Manager’s Step-by-Step Guide Making mischief […]
LITIGATION VALUE: $30,000 (But it could have been much higher) “Business is always personal” is probably not the best motto for a manager. It could lead them to act impulsively. Like, say, moving an employee’s desk from the front of the office to an “annex” inhabited by the employee’s chatty, fashion-crazed, quasi (ex?) girlfriend as […]
LITIGATION VALUE: $0.00 to $450,000+ (depending on which state you are in) Overall, I’d say that Oscar has a good (read “expensive”) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, […]
by Peter Panken On June 22, the U.S. Supreme Court decided an employment retaliation case in which it held that any action by an employer against an employee, applicant, or even a former employee constitutes unlawful retaliation if the action would deter a reasonable employee from filing a discrimination charge against an employer. Retaliation cases […]
In one of Justice Samuel Alito’s last opinions for the Third U.S. Circuit Court of Appeals in Philadelphia before joining the U.S. Supreme Court, he provided us with a view of his reasoning process with respect to employment discrimination claims. He authored an opinion in a case involving retaliation and hostile work environment claims. The […]
by Jeff Nolan There were times over the past few weeks when I might have been tempted to show up for work wearing shorts and a T-shirt, but fortunately, that temptation was quashed by our firm’s “personal appearance” policy! Does summer weather encourage some employees to push the limits in your workplace? Do you have […]