The answer may shock you!
(But, it probably won’t.)
If you missed my post, well, it was long. 1,888 words long. So, here’s the super-condensed version: The Third Circuit Court of Appeals concluded that a plaintiff might not complain about sexual harassment at work for several years but still have a viable hostile work environment claim if she genuinely believed — and the record supported — that it would be pointless to do so. Continue reading
Minarsky v. Susquehanna County (opinion here) is a sexual harassment case. And there’s a lot to discuss. But the biggest takeaway is that any subsequent employer-defendant asserting a Faragher/Ellerth defense in the Third Circuit will find it very difficult to obtain summary judgment on any hostile work environment claim. Continue reading
*Cracks knuckles in preparation for lots of cutting and pasting*** Continue reading
Yep, it’s that time of year.
The U.S. Equal Employment Opportunity Commission’s Training Institute is hosting its Examining Conflicts in Employment Laws (EXCEL) Training Conference in Washington, DC. Continue reading
In 2014, the National Labor Relations Board ruled here in a case called Purple Communications that employees can use company email to try to form a union. Specifically, the Board held that “employee use of email for statutorily protected communication on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems.”
Yeah, I like my plain English better too.
Fast forward to 2018, and of all the places in the world, a federal appellate court in California — yes California — may be the one to change this. Continue reading
A few weeks ago, I delivered a #MeToo presentation to a local chapter of HR professionals. Our dialogue evolved into a discussion of other “respect in the workplace” topics with which many companies are presently wrestling. Continue reading
During this July 4th holiday week, I don’t expect many of you to read this blog. So, thank you to those who do stick around. And, come mid-week, I’ll set off some legal backyard fireworks in your honor.
***Updates shopping list***
And I’ll bring my A-game. B-plus, at least. For the rest of the week, you can expect nothing less from me than Russia’s performance against Spain in the World Cup.
We’re going to start off by revisiting an issue, the surface of which we began to scratch a few months ago: opioids and the workplace.