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Articles Posted in Discrimination and Unlawful Harassment

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The woman who worked for a sex-toy store has … wait for it … a sex-plus claim.

Image Credit: http://www.freestockphotos.biz/stockphoto/14050 (nicubunu acquired from OCAL (Website)) On most days, I blog for you, my readers, to educate you on new legal issues and to keep you ahead of the HR-compliance curve. This is not most days. Tuesday, December 4 will be one of those days. If you haven’t…

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This GM’s Facebook posts weren’t enough to sink his employer, but you may not be so lucky.

Social Media Facebook Hand https://www.maxpixel.net/Social-Media-Facebook-Hand-3198088 Yet again, here’s another situation in which off-the-clock social media posts impact the workplace. Last night, I read this opinion, in which the plaintiff, a former janitor at a car dealership, claimed that his race motivated the general manager to demote him. The plaintiff’s evidence…

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340,000 reasons to take harassment complaints about customers seriously

UnknownUnknown author [CC0 or CC0], via Wikimedia CommonsIf you know that one of your customers is getting all racist and handsy with employees, you have to do something about that. You know that, right? It would appear that one California employer didn’t get the memo. And the U.S. Equal Employment…

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Employer sees something wrong with a little bump n’ grind, defeats sexual harassment lawsuit

Allgamenab at English Wikipedia [Public domain], via Wikimedia CommonsEat your heart out, R. Kelly. Earlier this Summer, I carried on about the decision from the Third Circuit Court of Appeals in Minarsky v. Susquehanna County. It’s a sexual harassment case, but not just any sexual harassment case. I called it the…

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From wonky to wonkier, why your arbitration agreement may not be worth the paper on which it is printed?

Image Credit: Pixabay.com (https://pixabay.com/en/printer-fire-flames-broken-38027/) Yesterday, I successfully alienated every reader that doesn’t work in the restaurant industry or otherwise nerd out on Fair Labor Standards Act minutiae. Today, I double down with idiosyncratic arbitration agreements, specifically those possibly used by New Jersey employers. I promise to get back to something more…

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Google ends forced arbitration of sexual harassment claims. Should you? Then what?

Google Inc. [Public domain], via Wikimedia CommonsThe last month for Google has been big for tech and employment law nerds alike. And I just happen to check both boxes. On the tech side, Google released the latest versions of its flagship phone, the Google Pixel 3 and Pixel 3 XL.…

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It’s unanimous! Supreme Court rules that any public-sector employee 40 years or older may file an age-bias claim

Joe Ravi [CC BY-SA 3.0 ], from Wikimedia CommonsLest you think that eight Supreme Court Justices — Justice Kavanaugh did not participate — can never see eye-to-eye on how to resolve an employment law issue.  Yesterday, the Court unanimously concluded in Mount Lemmon Fire District v. Guido (here) that while the…

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At least two employees didn’t read my ‘blackface’ post, and you’ll never believe what some Idaho teachers wore for Halloween

Image Credit:: Pixabay.com (https://pixabay.com/en/halloween-halloweenkuerbis-faces-2770084/) I know that wearing blackface on Halloween is a bad idea. You know it too. And, now, so does Megyn Kelly. But not everyone got the memo. From blackface to pink slip. Like a nurse in Kansas City, reports Lisa Gutierrez at the Kansas City Star…