When defending against a woman’s sexual harassment claim, I’ve found that “she was asking for it” is generally a bad defense. So bad, in fact, that you may just want to whip out the old checkbook instead.
Another crappy one, apparently, is trying to convince a judge that an industrial workplace setting is carte blanche to knuckle drag and generally act like pigs.
Also known as the “blue collar” defense.
December 1, 2016 was quite a day!
Yesterday, I read this story from David Moye on Huffington Post about a young Jewish girl’s birthday party at which the guests — friends of the birthday girl — were allowed to frost cupcakes. Well, it seems that two of the party guests decided that it would be funny to frost a chocolate swastika into their cupcakes and upload photos to Snapchat.
The mortified mother of the birthday girl called it a “teachable moment” about the horrors of the Holocaust, which, ironically, the swastika frosters had just learned about in school.
So, what does this have to do with your workplace?
The good news for this employee is that her viral Facebook post earned her an award.
The bad news is that the “award” was “Racist of the Week.”
The ugly news — well, other than the post itself — was that the employee lost her job and likely impaired her ability to find similar employment anytime soon.
In a massive stroke of irony, a federal judge — one appointed by President Barack Obama — entered a nationwide injunction Tuesday to stop the implementation of the U.S. Department of Labor Fair Labor Standards Act overtime rules that would have taken effect on December 1, 2016.
In March 2014, President Obama directed the Secretary of Labor to “modernize and streamline” the existing overtime regulations for executive, administrative, and professional employees” (read: create more overtime $$$ because raising the minimum wage wasn’t working).
Nearly three years later, the crown jewel of President Obama’s HR-compliance legacy is on ice and could be completely undone.