Articles Posted in Discrimination and Unlawful Harassment

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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.

Could ignoring this out-of-the-office behavior expose the company to a viable hostile work environment claim?

Continue reading

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noogie || noun noog·ie \ ˈnu̇-gē \

According to Merriam Webster, a “noogie” is the act of rubbing one’s knuckles on a person’s head so as to produce a mildly painful sensation.

But, could a noogie be considered an act of retaliation under Title VII of the Civil Rights Act of 1964?

(Hey, what did you expect? It can’t be Harry Potter around here every day.) Continue reading

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Pixabay.com

The Evil HR Lady, Suzanne Lucas, beat me to it.

On Tuesday, Suzanne wrote here about a volunteer firefighter, who is white. And that white firefighter brought a watermelon to the fire station as a gift for his co-workers. According to this Fox 2 report, 90 percent of his co-workers are black.

This may not end well. Continue reading

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Jerry Jones 2015 (2)Humility is not my middle name. Actually, it’s “Hercules.”

(It’s not Hercules). But, it’s not “Humility” either and I rarely turn down the opportunity to say, “I told you so.” So, remember when I told you a few weeks ago how NFL owners would have a tough time legally firing players who took a knee during the national anthem?

Well, yesterday, United Labor Unions Local 100 filed an unfair labor practice charge against Dallas Cowboys owner Jerry Jones for practically the same thing. Continue reading

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Over the weekend, I was reading this recent opinion from a federal judge in Maryland and, with a big smile on my face, I started polishing up my blogging crown and scepter.

Allen v. TV One, LLC is a case about a woman who alleges that she was constantly pestered by the Board Chair to marry the company CEO, the Board Chair’s son. For example, the Board Chair supposedly told the plaintiff,  “I’m going to be your mother one way or another. Either you will marry [my son] or I will marry your father and be your stepmother.”

And, I’m like…this opinion has The Employer Handbook written all over it!

Except, then I remembered. I already did blog about it. Continue reading

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