Alter egos are all the rage right now with The Avengers well on its way to becoming one of the most popular movies of all time. Hearing about a new case out of the Second Circuit, it would be easy to conclude the Court was getting into the superhero business with the establishment of a new theory of liability… Continue Reading
Tag Archives: sexual harassment
Tips for Preventing Sexual Harassment? Suggestions Sought by EEOC
Posted in CHRO & EEOC, Discrimination & Harassment, Highlight, Social MediaTwitter is one of the more remarkable creations to come out of the last decade. It’s huge, noisy, and hard to keep track of. It is also one of the most delicious communication tools ever invented. A tweet from earlier today confirmed my view of it. Chai Feldblum, who describes herself on her Twitter profile… 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
Numbers Show That Sexual Harassment Claims on the Decline
Posted in CHRO & EEOC, Discrimination & HarassmentDid he or didn’t he? That’s what political pundits and others have been debating the last few weeks regarding presidential candidate Herman Cain. But a more interesting question is whether claims of sexual harassment are on the rise or not. Indeed, lost in the public discourse is a fact that isn’t talked about a lot:… 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
When Your Manager Has Been Accused of Sexual Harassment
Posted in Discrimination & Harassment, Human Resources (HR) ComplianceConsider this scenario. An administrative assistant who’s been working solidly for the company for two years comes to you, as an HR manager, and says she’s been harassed by a manager over her looks. You need to talk with manager about the allegations. What do you do? That’s the scenario posed in a recent article posted… Continue Reading
Prompt Corrective Action May Be Painful To Company, But Necessary
Posted in Human Resources (HR) ComplianceImagine this scenario: You just received a sexual harassment complaint about your company’s top sales performer. What do you do? Well, the law requires that you, as the employer, conduct an investigation and, if necessary, take prompt corrective action to remedy the situation — which may in some circumstances be termination. But this is… 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
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
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
The Final Word on the National Sexual Harassment Registry
Posted in Discrimination & HarassmentI had anticipated that my post last week would be my final word on the so-called "National Sexual Harassment Registry". But on Monday, the ABA Journal linked to my articles and conducted an interview with the founder of the registry. In the interests of fairness, you can read the interview for yourself. I don’t have… Continue Reading
Caught in the Act, “Harassment Registry” Changes Its Act
Posted in Human Resources (HR) ComplianceUPDATE: My final words on the subject are in this recent post. Last week, I let you know about a so-called "National Sexual Harassment Registry" that was both inaccurate and misnamed. That post received a lot of publicity, including a link this morning from the influential Overlawyered blog. Earlier this morning, the folks over at eBossWatch,… Continue Reading
“National Sexual Harassment Registry” on eBossWatch – Not Even What It Claims To Be
Posted in Human Resources (HR) ComplianceUPDATE: Since my original post, the Registry has been revised and various links have been removed, presumably in response to the criticism. You can find my update on the site here. Ever have a sexual harassment complaint filed against your company or a supervisor? Congratulations, the supervisor is now eligible to appear on a "National Sexual… Continue Reading
Attorney for Former DOT Commissioner: Looking Into Possibilities
Posted in Discrimination & HarassmentYesterday, I commented on the ongoing drama between the state and the former DOT commissioner, who’s departure late last month sparked questions from reporters about the circumstances of his resignation. This morning, I spoke to Richard Hayber, the attorney for the outgoing DOT commissioner about the matter. He provided me with a copy of a press release… Continue Reading
Quick Hits: USERRA Releases, DeepNet, World Cup, Telecommuting, Facebook Messages, Overtime on Commssions, Interns
Posted in Human Resources (HR) Compliance, Laws and Regulations, Litigation, Wage & HourWith all the news about recent Supreme Court decisions, here are a few articles that you might of missed over the last few weeks: The Ohio Employer’s Law Blog reports on an interesting 6th Circuit decision that allows a USERRA claim (the statute that guarantees job restoration after military service) to be released in a separation… Continue Reading
Employer’s Affirmative Defense in Sexual Harassment Cases Gets a Trimming by Second Circuit
Posted in Discrimination & Harassment, LitigationIn sexual harassment cases, the U.S. Supreme Court (in what’s known as the Faragher/Ellerth cases) over a decade ago laid out the rules for when an employer could use an "affirmative defense" — in Monopoly terms, a "Get Out of Jail" free card. This defense can be used by employers in hostile work environment cases…. Continue Reading
Second Circuit Defines Employers’ Obligations in Sexual Harassment Claim; Reverses Summary Judgment for Employer
Posted in Discrimination & HarassmentReading the Second Circuit’s decision in Duch v. Jakubek (decided on Friday, December 4th), a distinct image came to mind: The ostrich who sticks its head in the sand. Why the ostrich? Because, the Duch case discusses what to do with a supervisor who purposely ignores evidence of sexual harassment. And the court concludes that the… Continue Reading
The “Brown Paper Bag” of Appellate Court Decisions: Court Affirms Sexual Harassment Verdict
Posted in CHRO & EEOC, Discrimination & Harassment, LitigationI’m sometimes asked how I report on employment law cases in such a prompt manner. There’s no magic formula but I will let you in on a little shortcut I use to skim a series of new cases. Instead of reading an entire case, my eyes first glance at the listed attorneys in the case…. Continue Reading
Affirmative Action Forms for State Contracts: Is This The Best Way?
Posted in Human Resources (HR) ComplianceTo work on State of Connecticut contracts with the Department of Transportation, various contractors have to set up an affirmative action plan. If they do not have one on file with the DOT, the Department’s Division of Contract Compliance will send out the following letter. So what to do if you don’t have a plan?… Continue Reading
Workplace Investigations: Don’t Forget to Communicate with the Complainant
Posted in Human Resources (HR) ComplianceA few weeks ago, I had an issue with my flight home on Southwest Airlines back to Hartford. The details of what happened aren’t really important (though they make for a great cocktail hour discussion). Suffice to say that my flight was delayed and I didn’t arrive home until much later than I had originally… 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
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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