Articles Posted in Sexual Harassment

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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.

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Ralph Wilson Stadium (NFL Buffalo Bills) - Orchard Park, NY

At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League between the Buffalo Bills and the New England Patriots. Here’s another angle. (Still NSFW).

And, it got me thinking…

This could make for a good HR compliance lesson. Trust me.

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You received a complaint of sexual harassment from a female employee against a male co-worker.

So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly fire the female employee.

Legally, did you do anything wrong? Well, notwithstanding the factual twist, it doesn’t seem that way. But things aren’t always as they seem. And I’d get a day off from blogging if this one were that straightforward

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Most of you have either seen or heard about Mean Tweets from Jimmy Kimmel Live! That’s the segment where celebrities stand in front of the camera with smartphone in hand awkwardly reading the snippets of vitriol that Twitters users can spew about them in 140 characters or less. The celebrities have a good sense of humor about it. And the segment is generally good for some LOL moments.

Well, the folks over at Just Not Sports took Mean Tweets to another level with #MoreThanMean tweets.

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We have an extra-special guest blogger today. It’s my mentee, Meaghan Londergan. (Sorry, folks, all of The Karate Kid images were copyright protected). Sadly, I no longer work with Meaghan. But, in her defense, there’s only so much Meyer that a young impressionable associate can take. Since then, Meaghan’s been a real mover and shaker. Now, she’s a Partner at Freeman Mathis & Gary, LLP.

I also want to give a shout out to Meaghan’s law clerk Erika Mohr, a third-year law student at the Drexel University, Thomas R. Kline School of Law, graduating May 2016. If I taught Meaghan anything — Meaghan, did I teach you anything? Don’t answer that. — it’s to delegate responsibility, especially on law-related articles. So, let’s assume that Erika did all the heavy lifting on this guest post.

If you want to reach Meaghan, maybe hear some blackmail old Meyer war stories, you should connect with her on LinkedIn. Ditto for Erika, less the dirt. And if you want to guest blog on an employment-law topic at The Employer Handbook, email me.

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