The 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
Tag Archives: hostile work environment
Connecticut Supreme Court Hears Arguments on Hostile Work Environment and CTFMLA Cases
Posted in Discrimination & Harassment, Highlight, Laws and Regulations, Litigation, Wage & HourIt’s not very often that the Connecticut Supreme Court considers employment law issues. But today, two notable cases are being argued in front of the court. Both could have an impact on employers in the state. In Patino v. Birken Manufacturing, the court is being asked to consider whether a hostile work environment harassment claim… Continue Reading
Is it Ever a Good Idea to Friend Subordinates or, for Teachers, Students?
Posted in Human Resources (HR) Compliance, Social MediaLately, I’ve been doing quite a few presentations on social media, including, most recently, one for a school district. One of the trickiest questions that comes up: Is it "legal" to "friend" a subordinate in the workplace? Or for teachers, is it "legal" to "friend" a student? (I use the term "friend" to be the… Continue Reading
Teaching Teachers about Social Media and Technology in the Workplace
Posted in Human Resources (HR) Compliance, Social MediaOn Friday, I’ll be speaking to a group of local high school and middle school teachers about some best practices on the use of technology in the workplace. Among the central messages of the presentation? No guideline can be a substitute for using good judgment and common sense. With teachers, that message is more important… Continue Reading
The Office Holiday Party – Alcohol-Induced Stupidity Can Lead to Serious Sexual Harassment Claims
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceUPDATED There are no statistics out there to prove this point, but the traditional office holiday party has to be among the top places where claims of sexual harassment and hostile work environment start. Indeed, just a cursory look at some federal employment cases shows a common thread that run through each of them: alcohol-induced… 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
Second Circuit: Repeated Use of “Bitch” May Be Enough to Create Hostile Work Environment
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationIf you’re an employer with an appeal to the Second Circuit, having the EEOC write a brief on behalf of the Plaintiff-employee is not one of those things that portends well for the case. So, when the Second Circuit issued its decision in Pucino v. Verizon Communications (download here), perhaps the writing was already on the… Continue Reading
Second Circuit: What is an Adverse Employment Action? It’s Not a “Failure to Investigate”
Posted in Discrimination & HarassmentOn Friday, the Second Circuit held that a company’s failure to investigate an in-house race discrimination complaint is not an "adverse employment action" that can subject. (H/T Wait a Second). The case, Fincher v. Depository Trust (download here), provides some much needed guidance on what rises to the level of an action that an employee can… Continue Reading
Progressive Discipline Policies: What They Are And Understanding Risks and Benefits to Them
Posted in Discrimination & Harassment"Progressive Discipline" is a policy or practice that, over the years, has fallen out of favor with some employers. What is it? It’s a practice — found also in some collective bargaining agreements — that typically provides a multi-step disciplinary process for many employment policy violations: a verbal warning, a written warning, a suspension, and… Continue Reading
Appellate Court Dismisses Claims Against State On Sovereign Immunity and Exhaustion of Administrative Remedies Grounds
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationIn a decision that will be officially released on Tuesday, November 24th, the Connecticut Appellate Court has ruled that wrongful termination and breach of implied contract claims cannot be brought against the State of Connecticut due to the protections of sovereign immunity. The case Ware v. State of Connecticut (download here), will be of greater… Continue Reading
Fox 61 Reporter Discrimination Case: FAQ, Analysis and What’s Next – Part II
Posted in LitigationLast week, I discussed the basics of some of the claims of discrimination and harassment filed by Fox 61 reporter Shelly Sindland. Today, I’ll discuss some more specifics of the claim and some of the possible defenses by the employer, to provide additional context. The case provides an excellent starting point to discuss several different… 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
Court Flushes Away Disability Claim; Finds that Toilet-Training Book for Kids Not Enough to Create Hostile Work Environment
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationIs putting a toilet training book, such as one allegedly called "The Book of Poop", on a disabled co-worker’s desk sufficient to create a Hostile Work Environment? Not according to a decision this week by Judge Dominic Squatrito in federal court in Connecticut (download here). Thus begins another fine chapter in American Jurisprudence. I thought about a serious review… 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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