Articles Posted in Sexual Harassment

Sean Combs.jpgWhen others go high, I go low.

Wait a minute! I got that backwards didn’t I?  Dammit! That explains why I didn’t come up with “In Firing Employees, A Bit of Humanity Still Helps.” It’s a pragmatic post inspired by recent events from employment lawyer and blogger, Daniel Schwartz.

Instead, I get my HR-compliance news from a TMZ story entitled, “I HAD TO SERVE HIS POST-SEX MEALS… He Served Up His Junk.” Welp, there’s only one thing left to do, I guess.

Yes, I’d better double down. Continue reading

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Starting tomorrow.

Today, let’s talk about the employee who claimed sexual harassment because her male co-worker constantly stared at her with an erection — which she subsequently photographed and showed to other co-workers, and all of that morphed into a retaliation claim.

So, basically, this post will be like a sophisticated bar exam question.

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Sex On The Beach

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, Spain.

Hey, if you ever want to hear some good stories at a lawyer cocktail party, seek out the employment folks. Just sayin’.

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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 workplace setting is carte blanche to knuckle drag and generally act like pigs.

Also known as the “blue collar” defense.

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Ralph Wilson Stadium (NFL Buffalo Bills) - Orchard Park, NY

At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League between the Buffalo Bills and the New England Patriots. Here’s another angle. (Still NSFW).

And, it got me thinking…

This could make for a good HR compliance lesson. Trust me.

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You received a complaint of sexual harassment from a female employee against a male co-worker.

So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly fire the female employee.

Legally, did you do anything wrong? Well, notwithstanding the factual twist, it doesn’t seem that way. But things aren’t always as they seem. And I’d get a day off from blogging if this one were that straightforward

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