Discrimination and Unlawful Harassment

Would you require a new C-Suite hire to affirm no history of discrimination at work?

November 9, 2017 | by Eric B. Meyer

plant-paprika-pepper-grow-82728 We’re still got about a month and a half to go, and the list of notable sexual harassers (allegedly) is growing faster than my youngest can eat her peas.

Often, when we hire high-level executives, we resort to employment agreements. And in those employment agreements, we include provisions requiring the new hire to affirm that working for the new company will not cause that person to violate any restrictive covenants or other pre-existing agreements.

So, I have a question for you. Continue reading

HR lessons from a cyclist fired for flipping off Trump’s motorcade

November 7, 2017 | by Eric B. Meyer

Image Credit: YouTube.com (screenshot)

Juli Briskman was out riding her bicycle when she was passed on the road by Donald Trump’s motorcade. So, she showed ’em the middle finger.

And, it was at that precise moment that a White House photographer traveling with the president as he left one of his golf courses happened to catch the one-finger salute on film. Ms. Briskman a viral star on social media.

Who knew that she would lose her job for it so quickly? Continue reading

5 more reasons why your workplace anti-harassment training is ineffective

November 3, 2017 | by Eric B. Meyer

Training-Video-Screenshot-1024x781

“There’s Little Evidence Sexual Harassment Trainings Work,” wrote Madison Pauly in this article at Mother Jones.

Ms. Pauly notes that the U.S. Equal Employment Opportunity Commission received over 162,000 EEOC Charges of Discrimination between 2010 and 2015. Plus, she cites a University of Oregon associate law professor’s study, which concluded that trainings are “too often ‘a hollow exercise in corporate compliance’ that tend to emphasize that harassment is bad for workplace productivity while glossing over the point that harassment is a kind of discrimination—which she believes could serve a ‘moral anchor’ to make the trainings more convincing.”

Is Ms. Pauly’s article on point? Maybe. Actually, before I commit, let me google “moral anchor.”

Ah, nuts to that. Here’s my hot take on five more reasons why your workplace anti-harassment training is ineffective. Continue reading

The”Mark of the Devil” and the hellish cost to defend employment litigation

November 1, 2017 | by Eric B. Meyer

Pixabay.com

On the day before Halloween, a Pennsylvania federal court (here) denied an employer’s attempt to have a religious-accommodation case dismissed early.

This isn’t your run of the mill religious-accommodation case. Continue reading

Will a jury ever find out if the EEOC concludes that a defendant-company may have discriminated?

October 31, 2017 | by Eric B. Meyer

Suppose that your former employee files a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. After an investigation, the EEOC concludes that there is probable cause that your company violated one or more of the federal anti-discrimination laws that the agency is tasked with enforcing.

So, your employee decides to the file a lawsuit in federal court. And, those claims get all the way to a jury.

Can the employee-plaintiff introduce evidence that the EEOC already determined that the employer-defendant probably discriminated against the plaintiff?

While not quite Harvey Weinstein claims, the allegations about this workplace will make your head spin.

October 27, 2017 | by Eric B. Meyer

McILraith-FINAL-NYCHRC-Complaint

My turn-ons include fantasy football and this ugly holiday sweater, which I cannot wait to debut this season.

I also dig smart legal writing. Although, one could never discern that by perusing my dumpster fire of a law blog. To start to fix that, today, I’m going to quote liberally from a fine piece of legal writing. This sexual harassment complaint filed yesterday in New York is a series of allegations that may be true. Or not. There are two sides to every story.

But, I know on which side here I’d want to be.

When an employee complaining about harassment tells a supervisor, “Let’s keep it between us for now.”

October 26, 2017 | by Eric B. Meyer

Twitter.com

You’ve heard the expression “loose lips sink ships.”

Well, the opposite holds true when an employee complains to a supervisor about workplace discrimination. Continue reading

What happens at the office happy hour may stay in the office.

October 25, 2017 | by Eric B. Meyer

beer-152021_640

Ten of your employees, including two supervisors, plan and attend an “unofficial” happy hour after work at a local bar. It’s unofficial because the company does not sponsor it, none of the employees are paid for their time, and no business is discussed.

Now, let’s assume that this hour is anything but happy for one of your employees. She’s getting skeeved out by a co-worker who is making all sorts of inappropriate comments to her, including questions about where she was going after the happy hour, and if she was going home to her husband. One of the supervisors notices the employee’s discomfort and helps her “escape” to her car to drive home.