Tag: Harassment

9th Circuit Rules Private Texts Aren’t Protected Speech

One of the nightmares of HR professionals is to be told about a workplace problem “privately as a friend.” Whether something is an informal chat between friends or public notice of a problem is very hard to determine. That was essentially the question in deciding whether a Rancho Cordova sheriff was engaging in protected speech […]

Supervisor’s Instagram Triggers Hostile Work Environment Lawsuit

Once upon a time, the employee’s workplace was entirely separate from their private life. No more. The two now bleed together, resulting in legal trouble for employers. Male Manager Targets a Female Colleague Lindsay Okonowsky worked as the sole staff psychologist at a federal prison on the West Coast. Lieutenant Steven Hellman supervised the prison […]

discrimination

Case Study: Harassment and Discrimination Aren’t Rocket Science

Disability-related claims can take many forms, under many statutes. Here, a National Aeronautics and Space Administration (NASA) scientist claims he was both harassed and discriminatorily denied a promotion because of his disability. The court of appeal used two different standards to decide that part of his claim can proceed, and part could not go forward. Scientist […]

EEOC Issues Final Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final harassment guidance, updating the previous version with Bostock, #MeToo, and remote work issues. The most controversial guidance involves broad protections of LGBTQ+ employees, especially transgender employees, which the EEOC believes is a natural extension of the Supreme Court’s Bostock decision and has already drawn the expected […]

Proposed Harassment Guidance Broadens Employers’ Obligations Under EEO Law

On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published in the Federal Register its notice of proposed guidance on “Enforcement Guidance of Harassment in the Workplace.” The guidance incorporates updates reflecting current case law governing workplace harassment and addresses the proliferation of digital technology and how social media postings and other off-work […]

Can Music in the Workplace Be a Potential Liability?

The late, great Ray Charles is credited with having said that “music is powerful. As people listen to it, they can be affected.” Apparently, the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Nevada employees) agrees with the Genius from Georgia, at least when it comes to music businesses allow to be […]

How Employers Can Prevent Misconduct Within a Remote Workforce

With an estimated 36.2 million Americans working remotely by 2025, working from home has become the new norm. Although remote work has its benefits, it also diminishes open lines of communication between employers and employees, leading to issues in the workplace that go unacknowledged as a consequence of a dispersed workforce. Cyberbullying, harassment, and discrimination […]

$136.9M Judgment vs. Tesla Underscores Rising Costs of Joint Employer Relationships

After less than four hours of deliberation, a jury in a California federal court recently awarded $136.9 million to a former Tesla subcontractor after finding he had been subjected to a racially hostile work environment at the company’s factory in the northern part of the state. The huge damages award demonstrates the potential dangers underlying […]