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Free speech at work and protected concerted activity are burning up the hot stove this week!

The heat is most definitely on. Google and the myth of free speech at work. So, have you heard the news about the Google employee — well, now ex-Google employee — who authored and posted a diversity (anti-diversity?) memo to the company intranet. Yeah, that didn’t go over so well.…

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Third Circuit: A single slur – just one bad word — can create a hostile work environment.

For the first time, the Third Circuit Court of Appeals has recognized that “an extreme isolated act of discrimination can create a hostile work environment.” Yep, one word can cost you many dollars! In this particular case (Castleberry v. STI Group; opinion here), the plaintiffs claimed that, when working on a…

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Even one bad comment may create a hostile work environment, says Second Circuit

With all due respect to the United States Court of Appeals for the Second Circuit, I’m glad, at least for this month, that I don’t practice there. You see, as I blogged here on Monday, the Second Circuit ok’d/protected an employee’s vicious, profanity-laced, social-media tirade against his boss, his boss’s mother,…

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Racials slurs, shotgun threats, but no why no hostile work environment?

It’s deja vu all over again. Yesterday, in this post, I stressed how important it is for employers to take complaints of discrimination — even the head-scratchers — seriously. Today, I’ve got for you an opinion from a Kentucky federal court, where an employer’s swift, measured response to a series complaints…

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This right here is why you train your managers to take all complaints of harassment seriously.

When I conduct anti-harassment training for supervisors, one of the points I stress is that all complaints of harassment and discrimination — no matter how minor — must be taken seriously. Why? For a few reasons. By addressing harassment right away, it reduces the chances of repeat performances. That’s good for the employee.…

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Our day at Epcot: Food, characters and, yes, an employment-law lesson

Remember Hank the Septopus from Disney’s Finding Dory? I found his missing tentacle. And, my son ate it! Let’s hear it for the boy! Other highlights of Day 3 (Epcot) of the Disney sojourn with the family: Breakfast with many princesses: Cinderella, Sleeping Beauty, and Belle among others. Anna was taken with…

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Racist code names for customers are bad. And, so is firing someone for complaining about it.

These are the key allegations underpinning ***Googles “underpinning”*** yes, underpinning a complaint filed in California against luxury retailer Versace. Tell us more, Mayra Cuevas reporting here at CNN.com: Can you fire employees for complaining about discriminatory treatment of customers? No, dude. Title VII of the Civil Rights Act of 1964 protects employees who…

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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…