Articles Posted in Sexual Harassment

Over the weekend, I read about a case where a federal jury concluded that a female plaintiff’s former employer subjected her to a hostile work environment.

The jury awarded her zero point zero dollars, and a federal appellate court concluded that the company should not be required to conduct anti-harassment training.

WTH?!? Continue reading

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Image by Gerd Altmann from Pixabay

More than ever, American workplaces are emphasizing diversity by targeting hires of different races, religions, ethnicities, genders, cultural and educational backgrounds, work experience, etc. This variety promotes different viewpoints, better problem-solving, a just a more dynamic workplace.  Generally, this results in businesses attracting better talent, reducing turnover, and improving the brand and reputation.

But, with different backgrounds may come a different appreciation of social norms.

I have an example for you.

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Among Fortune 500 companies, 91% prohibit discrimination on the basis of sexual orientation, and 83% prohibit discrimination based on gender identity.  [Source] But, under federal law, circuit courts remain split as to whether Title VII of the Civil Rights Act of 1964 forbids discrimination based on LGBT status.

So, let’s say you’re a Fortune 500 company accused of LGBT discrimination in a jurisdiction in which the law may permit that type of abhorrent behavior.

Do you defend by arguing that the law permits LGBT discrimination?   Continue reading

“Doing What’s Right – Not Just What’s Legal”