Does Your Harassment Complaint Model Need Updating?
With almost daily allegations of sexual harassment, discrimination, and misconduct hitting the news, many are reconsidering their own methods of handling such complaints and allegations.
Tag: retaliation
Why Workplace Harassment Persists—And What Employers Can Do About It
Complaints of sexual harassment and sexual misconduct have dominated the news recently with allegations ranging from sexual threats, to groping, to sexual assault. While the allegations have made the news because they involve people in the entertainment industry and politics, it’s readily apparent from the thousands of stories shared using #MeToo that sexual violence and […]
High Profile or Not, Sexual Harassment Claims Require Employer Action
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 […]
Retaliation—The Marcia Brady of Employment Law
Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. Here’s yet another one.
Employer’s Lawyer in Hot Water After Threatening Worker with Possible Deportation
Only an employer can violate the minimum wage and overtime provisions of the federal Fair Labor Standards Act (FLSA). But the statute’s nonretaliation provisions are broader and may sweep in “any person” who retaliates against an individual based on conduct protected by the FLSA.
Was Inconsistent Treatment of Asian USPS Worker Discrimination?
As we have previously noted, employees are filing more and more retaliation cases. In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016.
Is Minor ‘Offensive’ Conduct Enough to Prove Hostile Environment?
The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a case from a female doctor asserting gender discrimination, hostile work environment, and retaliation citing a manager’s comments as “offensive.”
Diversity and inclusion director gets a little inclusion
by Michelle Lee Flores The California Court of Appeal threw a solitary bone to Toyota’s director of diversity and inclusion when it reversed a trial court’s dismissal of his sexual orientation discrimination claim. The court of appeal held that the former employee had provided sufficient evidence that a senior manager’s perception that he was “too […]
Muppets, Lannisters, and wrongful termination—which one isn’t like the others?
by Mark I. Schickman Kermit the Frog has been fired! From his birth in 1955 until 1990, Kermit was performed by his creator, Jim Henson. Since 1990, veteran Muppet performer Steve Whitmire donned the green felt. During Whitmire’s tenure, Kermit appeared in over 20 movies, got a star on the Hollywood Walk of Fame, was […]
Beware: Cat’s Paw May Shred Your Defense of Employees’ FMLA Claims
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).