Practical HR Tips, News & Advice. Updated Daily.
On July 29, 2024, the California Supreme Court issued a unanimous opinion in Bailey v. San Francisco Dist. Attorney Office, Cal., No. S265223 and held that the employee’s claims of racial harassment should proceed to jury trial, as well as that the trial court’s decision to dismiss the case in favor of the employer was in […]
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 […]
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 […]
In today’s workplace, many employers allow employees to play music. While this is generally a cost-effective way to improve culture, morale, and productivity; it also creates potential exposure for hostile work environment and sexual harassment claims under Title VII of the Civil Rights Act of 1964. This is particularly true given a recent decision from […]
Most employers are generally aware that federal and state laws protect employees from adverse employment actions because of pregnancy, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), and, potentially, the Americans with Disabilities Act (ADA). Employers should also be aware of and follow the Pregnant Workers […]
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 […]
Recently, one of my favorite artists, Lizzo, made headlines when three of her backup dancers filed a lawsuit in Los Angeles Superior Court against her, her tour company (Big Grrrl Big Touring Inc.), and her dance team captain. There are various allegations in this lawsuit, but I want to focus on the sexual harassment/hostile work […]
After a medical clinic employee reported harassment, she said she didn’t want her alleged harasser “approached about his behavior specifically directed towards [her].” As a result, the lower court determined the employer was excused from failing to address the conduct right away, especially since it did take prompt action once the harassment turned physical. On […]
Typically, harassment claims involve allegations that an individual has been harassed by a coworker or supervisor. A recent case involving an Illinois casino demonstrates the importance of employers guarding against potential harassment by non-employees as well. Cornered at the Beer Tub Laura Wong worked as a beverage server at Rivers Casino in Des Plaines, Illinois. […]
A factory worker sued her employer, alleging the company discriminated against her based on her race by allowing a hostile work environment to pervade its manufacturing plant. She also claimed it retaliated against her for accusing a coworker of tampering with her machine. Let’s take a look at how the U.S. 4th Circuit Court of […]