Tag: Sexual Harassment

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 […]

Case Study: Can Employers Be Liable for Customers’ Behavior?

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. […]

Congress Passes New Limits on Predispute Employment Agreements

In the wake of the #MeToo movement, Congress has enacted legislation to assist people who pursue individual and class-action lawsuits in their ability to litigate disputes of sexual assault and sexual harassment. After President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law, Congress passed the Speak […]

Reporting Policies and Harassment Procedures: Why It’s Important to Get Them Right

After three years of litigation, a court in Nevada ruled in favor of Sbarro, LLC, in a $178 million lawsuit in which a former employee filed suit against the company for sexual harassment, sex discrimination, retaliation, and negligent retention. The former employee alleged she was repeatedly sexually assaulted at work by her manager and that […]

Workplace Investigations: Another Critical Duty in Your HR Hat

As an HR professional, one of your many duties may include conducting a thorough investigation into various issues that arise in the workplace. Whether the issue involves a claim of harassment, a claim of discrimination or a claim workplace misconduct, it is critical that you take steps to conduct a thorough investigation by interviewing all […]

Employers Can’t Mandate Arbitration of Sexual Assault and Harassment Claims

Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA). In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp. v. Lewis. The Court ruled that the FAA requires enforcement of arbitration agreements that fall within its scope, including agreements in which […]

Gender Dysphoria May Be an ADA Disability

The rights of transgender persons have become a hot button issue not only in schools and sports but in the workplace as well. Recently, the U.S. 4th Circuit Court of Appeals (whose rulings apply to employers in Virginia, Maryland, North Carolina, South Carolina, and West Virginia) weighed in on whether a transgender woman, who suffered […]