Do you know some of your co-workers deepest, darkest secrets? And did you want to know those secrets in the first place? Odds are, somewhere, sometime, you’ve had a co-worker that has shared a little too much information. Indeed, in this Facebook age, “oversharing” is turning out to be an issue; some employees just seem… Continue Reading
Tag Archives: harassment
What Remedy Is Appropriate When a Jury Concludes Sexual Harassment Occurred?
Posted in CHRO & EEOC, Class Actions, Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, LitigationA case out of the Second Circuit Court of Appeals (of which, Connecticut is part of) addresses an interesting question: When a jury finds that sexual harassment has been perpetuated by a single employee, is injunctive (non-monetary) relief required to be issued by the District Court? The EEOC argued yes and argued that remedies such as… Continue Reading
Quick Hits: Election Roundup, Seminar Details, Harassment, and CTDOL Improvements
Posted in CHRO & EEOC, Discrimination & Harassment, Laws and Regulations, Legislative DevelopmentsAs the week draws to a close, it’s time for another installment of Quick Hits, where I highlight a few blog posts worth a read. As readers know, this week I’ve been posing a series of questions to the major party candidates about employment law. Other lawyers have done the same and Jon Hyman, of… Continue Reading
10 Questions About the Harassment Lawsuit Against Geno Auriemma
Posted in Discrimination & Harassment, LitigationYesterday, a security director for the NBA filed a lawsuit against USA Basketball, UConn Women’s Basketball Coach Geno Auriemma, and the NBA. It is just that — a complaint — nothing more and nothing less. Yet it is treated by many in the media as if the allegations have been proven true. (And Auriemma called… Continue Reading
Harassment by Third Parties Still Requires Actions
Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) ComplianceLast week, various Connecticut newspapers reported on a judicial marshal who allegedly sexually harassed four women, including a DCF worker. Whether the charges have merit or not is a something we’ll have to leave to the judicial system itself, but it raises a point that I haven’t seen often raised. An employer’s duty to stop sexual harassment… Continue Reading
Summer Reading: Is the “Mommy Porn” in “Fifty Shades of Grey” Workplace Safe?
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) ComplianceIs someone bringing “Mommy Porn” (The New York Times words, not mine) into the workplace? Yes, THAT book, 50 Shades of Grey, has been making the rounds. And chances are, with Memorial Day weekend upon us, more than a few people will be bringing it to the beach, or perhaps to the lunch room next… Continue Reading
Conn. Supreme Court: Law Bars Hostile Work Environment Based on Sexual Orientation
Posted in Discrimination & Harassment, LitigationThe Connecticut Supreme Court, in a decision that will be officially released on May 15, 2012, today ruled unanimously that Connecticut’s anti-discrimination laws implicitly create a claim for hostile work environment based on an employee’s sexual orientation. The state’s anti-discrimination laws have long been interpreted to bar a hostile work environment based on gender, but… Continue Reading
From the Archives: Employers Should Beware Of Valentine’s Day
Posted in Discrimination & Harassment, Highlight, Human Resources (HR) ComplianceWho would’ve thought that Valentine’s Day could be dangerous for employers? Alas, the day is built for lovers — and sometimes the boss is trying to do the loving. Not good. Last year, I recapped the dangers of the holiday for employers. It’s one of my popular posts so I reprint it here. Beware! I’ve… Continue Reading
Court Rules Plaintiffs’ Attorneys Entitled to More Than Just Contingency Fee After Jury Awards Nominal Damages
Posted in Discrimination & Harassment, LitigationSuppose you just defended against a discrimination and harassment lawsuit by two former female employees. The jury found that discrimination and harassment had occurred. But the jury awarded one employee only $1600 in economic damages and nothing for emotional distress. For the other employee, the jury did not award any damages. Most employers would take… Continue Reading
Last Friday Night: Holiday Parties Continue to Present Challenges To Employers
Posted in Human Resources (HR) ComplianceWhat is it about the holiday party that makes otherwise decent, hard-working people lose their mind? Alcohol is certainly the main reason, in my view. Open bars are invitations to lots of craziness. (Just ask Katy Perry.) Since it is unlikely (and unrealistic) that all companies will move to “dry” parties (though some have moved… Continue Reading
Looking at Employee and Going “Bang Bang” Is Not “Extreme and Outrageous” Conduct
Posted in Human Resources (HR) Compliance, LitigationIn some types of employment law matters, employees sometimes bring a companion claim — formally known as a claim for “Intentional Infliction of Emotional Distress”. Often times it fails because it is a very difficult claim to establish in the workplace. Why? Because the employee must show that the behavior was “extreme and outrageous”. Courts… Continue Reading
Can You Take a Joke? Caselaw Indicates Most People Can
Posted in Discrimination & Harassment, LitigationAs I’ve done for other holidays (see prior posts here and here) , I was fully prepared today to warn of the dangers for employers of April Fools Day. Google, for example, has an announcement on a new way to communicate today. But alas, in all of Westlaw, I could only find two cases in… Continue Reading
Employers: Think Your Competition is Tough? Watch Out for the Valentine’s Day Card.
Posted in Discrimination & Harassment, Human Resources (HR) Compliance, LitigationSo, I’ve warned you about the dangers of Halloween and the holiday party, when it comes to employment-related lawsuits. Often overlooked, however, is the day for lovers — Valentine’s Day. There are, of course, a few of you who are scratching your head and thinking "How can that be? it’s a holiday full of love and… Continue Reading
What Ever Happened To….The Complaint Brought by a Fox 61 Reporter?
Posted in Discrimination & Harassment, LitigationRemember the buzz in 2009 about a complaint filed by a Fox 61 reporter (Shelly Sindland) that she had been discriminated against because of her age? You can find all of my stories about it here. It certainly had allegations that made others take notice (including a reference to "Big Boob Fridays"). Well, the case… Continue Reading
Halloween is No Excuse for Harassment: A Spooky History for Employers
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceFor most people, Halloween is a fun and silly holiday. Yet the holiday has a distinct place in employment law history. Indeed, for some employers, the holiday has brought more tricks than treats. In Marrero v. Goya of Puerto Rico, 304 F.3d 7 (1st Cir. 2002), a supervisor was alleged to have gone out to… Continue Reading
Lost in a Maze of Regulations? One Correct Path to Follow — Harassment Training
Posted in Human Resources (HR) ComplianceOne of the great local treats in Connecticut this time of year is a corn maze. My favorite for the last few years is the one created by Lyman Orchards in Middlefield, CT. (And while you’re there, don’t miss picking a few apples or getting a fresh apple pie). Mazes aren’t anything new. Employment lawyers and… Continue Reading
Followup: CHRO Finds “Reasonable Cause” in Fox 61 Gender Discrimination Claim
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationCT News Junkie reports this morning that the CHRO has found "reasonable cause" in the gender discrimination complaint filed by former Fox 61 Reporter Shelly Sindland last year. According to the report: Anita Zakrzewski, a Connecticut CHRO investigator, concluded last month in a 23-page report that “the information gathered through the investigative process reveals that… Continue Reading
Facebook Fatigue: How Issues Over Employee Use of Social Media Have Become Mainstream
Posted in Human Resources (HR) Compliance, Social MediaAnother day, another story about an employee in hot water over Facebook posts. It’s becoming so commonplace that I must admit a bit of Facebook Fatigue on the subject. I mean, how many stories do we need about an employee who says something that they think is private on Facebook only to later discover that… Continue Reading
Fox 61 Reporter Discrimination Case: FAQ, Analysis and What’s Next – Part I
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationThe filing of a discrimination complaint at the Connecticut Commission on Human Rights and Opportunities has certainly garnered a wide variety of responses from the local and national media. Indeed, yesterday, I was one of several invited guests to appear on WNPR’s "Where We Live". (You can download the podcast here.) But what’s been lacking… Continue Reading
Followup: Fox61 Responds to Discrimination Complaint Brought by Reporter
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationLate today, Fox61 (also known as WTIC-TV) released the following statement in response to the publicity surrounding the complaint brought by Shelly Sindland (which I covered last night): Although WTIC-TV typically does not comment on personnel matters, in this case, because of the personal nature of Ms. Sindland’s attacks on the station and her colleagues,… Continue Reading
EEOC Reports Record Number of Discrimination Claims for 2008; Up 15 Percent from 2007
Posted in CHRO & EEOCRecord numbers of discrimination complaints were filed with the Equal Employment Opportunity Commission, according to a MSNBC column: Discrimination claims filed with the Equal Employment Opportunity Commission jumped 15 percent in fiscal 2008 to 95,402 — the highest level since the agency opened in 1965, said spokesman David Grinberg. That is up from 82,792 claims filed… Continue Reading
Part Time Employee For Three Weeks Awarded $15,000 in Emotional Distress Damages
Posted in CHRO & EEOC, Discrimination & HarassmentUPDATED 1/26/09 A part-time secretary who worked for three weeks before resigning is entitled to $15,000 in emotional distress damages and six months back pay, according to a recent CHRO Hearing Officer decision. The case is particularly notable because the company was Claywell Electric, run by the now-jailed Kurt Claywell. The employer in the case,… Continue Reading
Numbers Galore: CHRO Statistics Reveal Interesting Trends – Part I
Posted in CHRO & EEOC, Discrimination & HarassmentLast week, I publicized the release of federal court statistics; that story has now been picked up by the American Lawyer which crunches the numbers in more detail. But now you can break out your abacus again. The Connecticut Commission on Human Rights and Opportunities has also just released their annual report (available for download here) which… Continue Reading
Appellate Court Outlines Differences Again Between Quid Pro Quo and Hostile Work Environment Harassment
Posted in Discrimination & Harassment, LitigationDuring some of the seminars that I teach on sexual harassment prevention, one of the topics that is covered is describing the difference between quid pro quo harassment and hostile work environment harassment. On Wednesday, the Connecticut Appellate Court taught that same lesson in reviewing a case in which an employee (who lost a trial)… Continue Reading
About Daniel Schwartz
Trusted advisor. Experienced employment law attorney. Bar leader. Award-winning author. Noted Speaker. "Legal Rebel". All can be said to be apt descriptions of Daniel Schwartz, a member of Pullman & Comley. More +
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