Blog

Workplace Conduct

Eleventh Circuit Rehabilitates Racial Harassment Claim
September 27, 2018
To state a claim for harassment or hostile work environment, a claimant must establish, among other things, that he or she was subjected to conduct that was (1) unwelcome, (2) related to his or her protected status (e.g.,  race, sex, religion, etc.), and (3) severe or pervasive.
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Texas Appeals Court Dismisses Sexual Harassment and Retaliatory Discharge Claims Due to Employee’s Failure to Include Allegations in EEOC Charge
September 10, 2018
When someone believes that their legal rights may have been violated, there are certain rules, procedures, and laws that apply to the assertion of that individual’s claims.
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Eighth Circuit Requires Employees to Reasonably Believe Underlying Conduct is Illegal to Make a Case for Retaliation
August 21, 2018
Colleen Auer’s tenure as city attorney for Minot, North Dakota, may have lasted only about a month, but it spurred not one, but three lawsuits and will definitely leave its mark on the Eighth Circuit.
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NYC Sexual Harassment Poster and Information Sheet Released by City Commission
August 13, 2018
As previously reported, the NYC Council has enacted a series of laws addressing employers’ obligations regarding sexual harassment.
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Guidelines for a Valid No-Solicitation/No-Distribution Policy
April 27, 2018
Many employers would like to ensure that employees focus on their work during their working time – after all, that’s what they’re being paid to do!
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New York State and City Adopt Sexual Harassment Legislation
April 27, 2018
Both the New York State (“NYS”) Legislature and the New York City (“NYC”) Council have adopted legislation addressing sexual harassment in the workplace.
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Burning a Customer Is Not the Appropriate Response to Harassment
April 5, 2018
As a minority female, I have had my share of being harassed, and I have felt rage at the unfairness. I completely understand the desire to lash out at the harasser. But actually burning them with a cigarette? Well, that crosses the line.
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Prevention of Sexual Harassment Claims: Learning From #MeToo
February 12, 2018
The catalyst of powerful movements is unfortunately often adverse - this is the nature of many examples of real change and progress, most recently the widespread #MeToo campaign taking place on Twitter.
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Five Key Steps to Conducting a Workplace Investigation
November 30, 2017
A reasonable, good-faith investigation can result in satisfied employees, and, on the flipside, a disorganized, incomplete and impartial investigation can get be an employee’s attorney’s best weapon in a lawsuit.
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What Can Employers Learn from the Recent Sexual Harassment Scandals?
November 17, 2017
With allegations of sexual harassment in the spotlight, agencies and companies are issuing statements and conducting research about sexual harassment.  Recently, the EEOC issued a “What You Should Know: What to Do if You Believe You have Been Harassed at Work” statement.
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Sexual Harassment Scandals: Time for Employer Self-Examination
November 17, 2017
Notorious sexual harassment by rich and powerful men in the entertainment industry has brought the nation's focus on the broader scope of sexual harassment in general.
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Are Your Employees Audiotaping or Videotaping at Work?
November 17, 2017
Apparently, employees believe that it is a fundamental right to have a cell phone at work and to record freely conversations or videotape during working time. There is no inherent right to (1) have a cell phone at work and (2) audio and/or videotape conversations or activity at the workplace.
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Tweets Follow

Dec 14

New @SHRM Court Report: Emojis Deemed Harmless but Retaliation Claim Advances: https://t.co/TNFU7j2Yb5

Dec 13

New @SHRM Court Report: Job Abandonment Was Effective Defense to Wrongful Discharge Claim: https://t.co/MPEEbRHy5O

Dec 12

21C Workplace Success Begins with a Handshake (and Eye Contact)! https://t.co/pM4pX5TLcm