Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: “Sexual Harassment”

Is Siri a victim and a cause of sexual harassment?

Posted in Harassment
The next time employers offer sexual harassment training, they might want to require employees to bring their mobile devices. According to Leah Fessler, virtual assistants Siri (Apple), Alexa (Amazon), Cortana (Microsoft), and Google Home (you have to ask?) need some consciousness-raising. They are all perpetuating pernicious sexual stereotypes, which Ms. Fessler says can result in sexual harassment of… Continue Reading

Nitpicking the EEOC’s proposed guidance on harassment

Posted in Discrimination, Gender Identity Discrimination, Harassment, Sexual Orientation
This week, the Equal Employment Opportunity Commission issued a proposed Enforcement Guidance on workplace harassment. It’s 75 pages long, so a little too much to cover in a single blog post. The EEOC is seeking comments from the public until February 9, so I will start with the comment-worthy provisions. Next week, I’ll post about… Continue Reading

Holey moley! Fox News pays $20MM to settle Gretchen Carlson sexual harassment case

Posted in Harassment, Settlements
This just in, via Law360: Fox News has settled Gretchen Carlson’s sexual harassment lawsuit against former CEO Roger Ailes for a (reported) whopping $20 million. That’s less than the reported $60 million contract buyout of Mr. Ailes, but still pretty good. Since the link to Law360 won’t work, and it requires a paid subscription anyway, here’s a… Continue Reading

Sex on TV: Final FAQs for employers about the Roger Ailes case

Posted in Harassment
Well, Gretchen is out, Roger is out, and Megyn is in. Your Magic 8-Ball is here to answer the sexual harassment questions that employers are dying to ask. No. 1. I thought sexual harassment investigations were supposed to be confidential. Wasn’t it inappropriate for all of the Fox on-air talent to be expressing their opinions in public about whether… Continue Reading

Ailes is out

Posted in Harassment
With only $60 million to call his own? For my prior coverage of the Gretchen Carlson-Roger Ailes sexual harassment allegations, go here and here. Here is the Fox press release. Reportedly Megyn Kelly and other Fox News women told an outside law firm that was investigating Ms. Carlson’s allegations that Mr. Ailes had behaved inappropriately… Continue Reading

Gretchen Carlson v. Roger Ailes — can he sue her?

Posted in Alternative Dispute Resolution, Defamation, Harassment
Me and my nerdy mind. It’s too soon for me to have an opinion about who’s right and who’s wrong in the Gretchen Carlson-Roger Ailes sexual harassment case. Some very disturbing allegations have been made about Mr. Ailes’ (long before Fox) having a “casting couch” for prospective female talent. If that’s true, then it’s disgusting. On the other hand,… Continue Reading

School’s out! So what’s with this summer employment law quiz?

Posted in Americans with Disabilities Act, Discrimination, Gender Identity Discrimination
No more pencils, no more books, no more teacher’s dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Don’t worry about your score – I’m told that Teacher already has her flip-flops packed and is on her way to Cancun. No. 1. You are the office… Continue Reading

Is sexual harassment training a turn-off for men?

Posted in Harassment
A semi-recent article in the New York Post — “The Corporate ‘Cure’ for Sexual Harassment Only Feeds the Disease” — cited a couple of studies that allegedly proved that sexual harassment training is worse than doing nothing because it makes men resentful and more likely to tolerate harassment. Wow. That’s terrible! Except that it’s not precisely true. What these… Continue Reading

“Lighten up, baby,” and other harassment “best practices” for employers

Posted in Harassment
Dear Readers: Not that anything in this blog constitutes legal advice anyway, but before you accuse me of legal malpractice based on the following post, please notice today’s date. Happy April Fool’s Day! Robin Many employers ask me: “Robin, what are your ‘best practices’ for workplace sexual harassment?” I’m glad you asked! No. 1: Be sure that… Continue Reading

Be my workplace valentine? We’ll see . . .

Posted in Harassment, Sexual Torts
Happy Valentine’s Day! (almost) Psychology Today had a great article by social psychologist and professor Theresa DiDonato about nine questions one should ask oneself before starting a workplace romance. Of course, the article was written primarily from a psychological point of view, but I think the same questions work from a legal standpoint. Here are… Continue Reading

Be thankful you’re not an employment law turkey

Posted in Discrimination, Harassment, Pregnancy, Retaliation, Social media, Work-Life Balance
Well, it’s that time of year again – what are you thankful for? Here are some Human Resources and employment law matters for which I am thankful. Please feel free to add your own in the comments. I’m thankful that I’m not Trey Gowdy. The Republican Congressman from South Carolina and chair of the House Benghazi Committee is not out, but he’s… Continue Reading

4 thoughts on the Ashley Madison hack

Posted in Harassment, Social media
Four quick thoughts on the Ashley Madison hack: 1. Should you post anything on the internet that you wouldn’t want to see on the front page of the New York Times? “No” used to be standard advice, but that isn’t practical any more. I do online banking, but that doesn’t mean I want my financial information all over the internet. Nor… Continue Reading

Can employees trust Human Resources?

Posted in Corporate Culture
Are Human Resources representatives advocates for employees, or shills for the corporate bigwigs? I suppose you’ve been following the story about how Amazon (1) is the worst place in the world to work, (2) no it isn’t, (3) anyway, the New York Times didn’t do good research and based its story on too many anecdotes, and… Continue Reading

Darn.

Posted in Harassment, Settlements
The Marchuk v. Faruqi law firm sexual harassment case has been “amicably resolved.” Now, what will we gossip about? (To see why I’m disappointed, go here, here, here, here, here, here, here, here, here, and here. Apparently, I wasn’t just “following” this case – I was stalking it.) After the verdict that pleased no one, both sides… Continue Reading

Is it “disparaging” to say “Karma is a bi**h”?

Posted in Harassment, Settlements
Riddle me this: Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement. About nine years later, boss becomes an internet pariah for allegedly poaching a beautiful and beloved lion in Zimbabwe. Somebody in the media finds out about the sexual harassment settlement (how’d they do… Continue Reading

Five harassment “must haves” for employers

Posted in Harassment
Maybe it’s just me, but workplace harassment issues seem to come in waves — I’ll go months, or even a year, without an issue, and then WHAM! everybody has a “situation,” or at least they need to get their preventive training done.   Right now, we’re in a bit of a “flash flood,” so I thought it might be a… Continue Reading

Is this new harassment decision the end of the world for employers?

Posted in Harassment, Retaliation
Are harassment and retaliation lawsuits all going to the jury now? Are employers doomed? Are the plaintiffs’ lawyers popping the champagne corks? Is the EEOC dancing for joy? The employment law world is abuzz about last week’s racial harassment/retaliation decision from my own U.S. Court of Appeals for the Fourth Circuit. (Many thanks to an attorney friend who emailed a… Continue Reading