Articles Posted in Sexual Harassment

One of your supervisors has just been accused of sexual harassment. Rather than spend the money to litigate the case, your company decides to settle. Let’s go through the standard provisions:

  • Settlement payment
  • General release
  • Non-admission
  • Mutual non-disparagement
  • Mutual confidentiality

Ah, not so fast on that last one if your business is in the Commonwealth of Pennsylvania. Continue reading

plant-paprika-pepper-grow-82728We’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

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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.

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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?

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Cliparts.Zone

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