Tag: Sexual Harassment

Coach Fouls Out On Retaliation Claim

Retaliation claims are very dangerous for Texas employers. This is why any advantage is very welcome. So, a case that came out in September from the federal appeals court covering Texas is welcome news. Coach Complains; Coach Removed Charles Julien worked as a teacher and basketball coach for a high school. Following a losing season […]

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 […]

From Office Romance to Courtroom Drama: Lessons from ‘Presumed Innocent’

Raymond Horgan, the District Attorney of Kindle County, declares “it’s Rusty’s case,” in the premier of Apple TV+’s legal thriller, Presumed Innocent. The “case” concerns the brutal murder of Carolyn Polhemus, a respected prosecutor who had an affair with her coworker—the Rusty Sabich. Rusty justifies his assignment based on merit (i.e., he “is better” than […]

Determining Whether NDAs Are Enforceable in Sexual Harassment Cases

Like all good legal questions, the answer to whether a nondisclosure agreement (NDA) is enforceable in sexual harassment cases is “it depends.” An NDA or confidentiality agreement is a signed legal document that restricts one party from sharing certain information with others. In the 1940s, NDAs were originally used in maritime law, and in the […]

Utah Bans Nondisclosure Agreements for Sexual Harassment and Misconduct

Harvey Weinstein, originally known for being a cofounder of Miramax, has infamously become synonymous with sexual misconduct. Over the course of at least 20 years, he sexually assaulted and harassed multiple women, successfully concealing his actions by using nondisclosure agreements. It wasn’t until one brave woman spoke up that an end was put to his […]

Case Study: Guidance for Employers on Music in the Workplace

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 […]

The Positive Side of Workplace Relationships

In a recent study by the Society for Human Resource Management (SHRM), the conventional wisdom surrounding workplace romances is challenged, revealing that such relationships may have more benefits than previously thought. The research uncovers the benefits of workplace relationships, including enhanced motivation, a stronger sense of belonging, and a deeper commitment to the organization. Workplace […]

Lizzo Lawsuit Shows Employers ‘It’s About Damn Time’ They Train Their Managers

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 […]

How Has the #MeToo Movement Changed the Workplace?

Initiated by the social media activity of sexual assault survivor and activist Tarana Burke, the #MeToo movement began nearly 20 years ago in 2006 and gained increased prominence in the late 2010s with sexual assault allegations—and ultimately convictions—against media mogul Harvey Weinstein. The movement has gained particular traction in the world of big media, from […]

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 […]