Tag: Sexual Harassment

Recent Case Sheds Light on Resignations, Harassment Investigations

Employers sometimes breathe a sigh of relief when an employee resigns, particularly if the individual had performance problems, made discrimination complaints, or engaged in other types of protected activity. But what counts as a resignation in the state? Under what circumstances might a resignation not actually be a resignation at all?

Back to Basics: No Retaliation Claim if No Protected Activity

Retaliation claims are among the most numerous types of employee claims processed through the Equal Employment Opportunity Commission (EEOC) and state EEO agencies. Central to the claims is whether an employee engaged in protected activity and how the employer responded to it. A recent case from the U.S. 8th Circuit Court of Appeals (whose rulings […]

Appellate Division Upholds Employer Requests, Not Commands, to Keep Probes Confidential

An investigator’s request for confidentiality in a discrimination or harassment probe is valid and doesn’t violate an employee’s right to free speech or the New Jersey Law Against Discrimination (NJLAD), the Appellate Division recently ruled. In the February 28 decision, the court rejected a former employee’s attempt to invalidate a state Civil Service Commission (CSC) […]

Summer Hiring Season Is Almost Here! Time to Plan for Employing Minors

With summer approaching, many employers will be turning their attention to staffing up for the season. The summer workforce includes a substantial number of minors. So, this is a good time to consider the issues involved with hiring minor employees.

Bill Banning Mandatory Arbitration of Sexual Assault/Harassment Claims Passes

Congress recently passed HR 4445, the Ending of Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which prohibits the enforcement of mandatory arbitration or joint class action waivers in cases of alleged sexual assault or sexual harassment. Upon President Biden’s signature on March 3, 2022, the law took effect immediately. The legislation […]

Policy Changes On Way as Bill Ending Forced Sexual Harassment Arbitration Passes

A bill being called one of the most significant workplace reforms in decades means many employers will have to change the way they handle sexual harassment claims. The bill, which passed the U.S. Senate on February 10 with bipartisan support, was led by two senators who don’t typically favor the same legislation: Democrat Kirsten Gillibrand […]

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 […]

#MeToo Message Received: Congress Nixes Arbitration Clauses

Viewed as a risk mitigation tool, arbitration clauses are included in employment contracts and policies to route employer/employee disputes to a private forum and outside of the courthouse. Employers are attracted to such clauses because they are believed to be cost-effective and a confidential resolution of claims. As part of the #MeToo movement, however, such […]

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.