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Articles Posted in Discrimination and Unlawful Harassment

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Sex on the beach becomes a sexual harassment lawsuit.

Actually, I’m not talking about the drink. No, the case I’m addressing today has actual sex on the beach. And allegations of sexual harassment and disparate treatment. It involves an outside sales representative — let’s call her “Plaintiff” — and the son of the company President, during a boat trip in Mallorca,…

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Oh, do tell. Share with me your most cringeworthy holiday party HR story!

Inspired by a quality discussion in my Facebook feed today, I’m thinking that some of you HR-compliance geeks probably have some good holiday party stories to share with me. That’s right, for once, I’m going to live vicariously through you. So, here are the rules — we lawyers always have…

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Pretty soon, asking salary-history questions in Philly will get you sued.

Like requesting swiss cheese on your cheesesteak — way to go John Kerry — pretty soon, asking about a candidate’s salary history will be verboten too. {cue music – soft / hard} Last week, Philadelphia City Council read and passed this bill, which will ban employers from inquiring about salary history, and…

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File the “blue collar workplace” defense to a hostile work environment in the trash can

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…

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Bad things often happen when employees feel they have to resort to self-help

Like one-man bands. Or, retaliation lawsuits, for example. Ms. Nuness is our plaintiff in this case. Ms. Nuness alleges that she is a female African-American who worked for her former employer for about 14 months. During her employment, the plaintiff worked alongside a male Caucasian co-worker who had been counseled, from…

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Bank VP’s Facebook rant that Trump can “buy” and “sell” the Obamas didn’t end well, you guys.

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…