Tag: harassment claims

Conjunction Junction, What’s Your Function? Apparently, Deciding Harassment Cases

The words “and,” “but,” and “or” are conjunctions. In case you’ve forgotten, Schoolhouse Rock taught many of us in grade school that conjunctions link words, phrases, and clauses together to form sentences. But in case you were sleeping in class that day, the Minnesota Court of Appeals recently provided a great crash course when it […]

10th Circuit Rejects Harassment Charges, Revives Premises Liability Claim

The U.S. 10th Circuit Court of Appeals (whose rulings apply to all New Mexico employers) recently affirmed the summary dismissal of a sexual harassment discrimination lawsuit against a pipeline construction company and a pipeline operator’s successor-in-interest but sent the related premises liability claim back to the lower court.

Failing to Communicate Policy Changes Can Undo Harassment Lawsuit Defense

Employers often make policy changes to address potentially discriminatory conditions. If you hope to use the changes as a defense to future bias claims based on the former policy, however, you must communicate them to your employees. A ruling from the U.S. 8th Circuit Court of Appeals (which covers Arkansas employers) recently reinforced the lesson.

Pronouns and Misgendering: Answers to Common Questions from Employers

After the U.S. Supreme Court’s Bostock decision in June 2020, which found discrimination because of someone’s transgender status is prohibited under the umbrella of sex discrimination, the Equal Employment Opportunity Commission (EEOC) issued guidance expanding on the practical implications. The guidance highlights one form of harassment that can contribute to creating a hostile work environment […]

When Is a Discrimination Complaint against a Manager an Act of Harassment?

What if a manager accused of unlawful discrimination based on employees’ religion asserts that the complaint itself is an act of harassment? You owe duties all around, and you may not be able to perform one duty without risking a violation of the other. See how one employer successfully avoided that minefield.

Avoiding liability risks when you fire a sexual harasser

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, […]

Hunter Caught a Cougar

LITIGATION VALUE:  $200,000 (should Hunter lose interest in Jan and sue); $30,000+ (in emotional distress for those who had to witness Jan’s “love dance”). You know it’s a funny episode when you laugh out loud, even though you are all by yourself — and you’ve seen it before!  For the second time, “Dinner Party” does not disappoint.  Tonight’s […]

Local Ad

Litigation Value: $1,500.00 (or a few hours of their attorney’s time to prepare an internet usage policy) It’s nice to be back! Thanks again to my guest blogger, Troy Foster, for pitching in while I had to work. Did anyone else notice how many Dunder Mifflin employees were using their computers for anything but work? […]