Welcome to Alabama, where they see your one-grope rule and raise you two grabs of the derriere. Why? Because, according to this recent federal court opinion, the average female employee would not find getting her ass grabbed twice by a male supervisor to be offensive. Now remember, that for a…
We’ve talked a fair amount about sexual stereotyping at the ole Handbook. Here I discussed the cluster created by offering crap assignments to a male employee because he fails to conform to a male stereotype. And of course, we have my “Ravishing Rick Rude” theory of same-sex harassment, which a federal…
Generally, a typical sexual harassment claim involves a supervisor or manager or co-worker making unwelcome sexual advances towards another employee. But what if, instead of the harasser being one of your employees, it’s an independent contractor. Does that absolve your company from liability? Is it a valid defense if one…
As an employment lawyer, part of my practice involves training employees and supervisors on employee handbooks. Most often, my training focuses on respect in the workplace. During these sessions, I employ many techniques to discourage the workforce from engaging in behavior that could create a hostile work environment. Usually, I’ll…
Last night, I read this press release from the United States Equal Employment Opportunity Commission, announcing a $2 million recovery for 50 male employees of a New Mexico automobile dealership. What happened, you say? From the press release: “In its lawsuit, the EEOC charged a former lot manager, James Gallegos,…
I can actually feel the daggers that some of you are staring into me. So, please allow me to reintroduce myself. My name is H-O explain. How to demonstrate sexual harassment When an employee sues for sexual harassment, he/she must show four things: he or she was subjected to conduct…
[Cue music] “Yes! Meyer is finally playing Five Finger Death Punch!” — Not a single one of you We’ve had some pretty wild, prurient, “where does he get his material” workplace posts here at The Employer Handbook. Remember the one about the female accountant who won the right to legally…
But, faced with those facts, that didn’t stop one employer from moving for summary judgment and asking the court to dismiss a female employee’s claims of sexual harassment. Could the company have possibly prevailed? Find out after the jump… Oh wait, before we jump, I left out the part where…
Recently, I’ve focused blog posts on some quirky cases that make you think a bit. Yesterday, was the FMLA in Vegas case. Last week, was the EMT who argued that getting fired for groping a co-worker was discriminatory in light of his employer’s decision not fire an employee who…
Today we have a guest blogger at The Employer Handbook. It’s Samantha Hopkins. Samantha is a law student who just received her big break. She gets to guest blog at The Employer Handbook! (Want to guest blog on an employment-law topic at The Employer Handbook? Email me). * * *…