Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Harassment

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Christmas won’t be merry for these employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Employment Law Blog Carnival, Harassment, Labor Relations, Lactation, Pregnancy, Wage-Hour
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!  Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he … Continue Reading

5 legal traps for the wariest employer

Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers… Continue Reading

Planning your workplace holiday party? Read this first!

Posted in Discrimination, Harassment, Safety, Sexual Torts, Uncategorized, Violence, Wage-Hour
Yeah, yeah – I know it isn’t even Thanksgiving yet, but you are planning your holiday party now, and you want answers to your burning questions while you still have time to do something about it. And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on “How … Continue Reading

Halloween in the workplace? Bah! Humbug!

Posted in Discrimination, Harassment
When it comes to Halloween in the workplace, just call me Scrooge. A reader writes, Hi, Robin. I dread the prospect of employees coming to work in inappropriate Halloween costumes. I’ve seen costumes that are sexually provocative, or that reflect racial or ethnic stereotypes. Some people even say that employers shouldn’t have Halloween parties because … Continue Reading

The EEOC has been a busy bee this week. (It stings!)

Posted in Americans with Disabilities Act, Class actions, Discrimination, Employment Law Blog Carnival, Genetic Information Non-Discrimination Act, GINA, Harassment, Pregnancy, Settlements
The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some “wins” including a couple of big settlements . . . Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor … Continue Reading

Sex stereotyping, sexual orientation discrimination, and federal law – crazy-mixed-up right now

Posted in Discrimination, ENDA, Harassment
The Employment Non-Discrimination Act is dead again. Is there any federal law on same-sex harassment or discrimination? If so, what is it? Here are some scenarios that may be helpful in picking through this crazy extremely complex and rapidly transitioning area of the law. (Answers are provided after Scenario 6, below.) The American Bar Association … Continue Reading

Sex at work: test your knowledge!

Posted in Discrimination, Harassment
How much do you really know about sexual relationships in the workplace? Take my quiz, and find out! Bert gives Ernie all the cushy jobs because they’re having a consensual affair. Can Ernie’s co-workers sue for sex harassment or discrimination? NO, because Bert and Ernie are both men. YES, because Bert’s favoritism creates a hostile … Continue Reading

Stupid “discrimination” complaints: How should an employer handle?

Posted in Discrimination, Harassment, Retaliation
A reader, who has asked to remain anonymous, suggested that I write about employees who make “stupid” complaints about discrimination, harassment, or other allegedly unlawful treatment. The following is a fictionalized email, but it accurately presents the spirit of her concern. Dear Robin, I am a Human Resources director for a government employer. You won’t … Continue Reading

Four reasons to be careful about contingent workers

Posted in Discrimination, Employment at Will, Harassment, Independent Contractor, Wage-Hour
In our insecure economy, temporary employees and independent contractors allow employers to get the work done while staying flexible enough to survive. But there are abuses, and dangers if employers misclassify workers, or if they keep their "temps" around so long that they become "perms" in reality if not in name. Here are four reasons to be very careful about how you use contingent workers… Continue Reading