Articles Posted in Sexual Harassment

$$$ reasons to have a second-language anti-harassment policy

October 4, 2012 | by Eric B. Meyer

When an employer is faced with a sexual-harassment lawsuit, one of its best defenses is that the company took reasonable care (e.g., policy, training) to prevent sexual harassment (and then addressed complaints in a manner that is reasonably designed to end the sexual harassment)

In EEOC v. Spud Seller (opinion here), the employer had an anti-harassment policy that detailed what constitutes sexual harassment and how to report it. Further, it specifically advised employees that, “You can feel state that your complaint will receive immediate attention and if the facts support your complaint, the offender will be disciplined.”

Sounds good to me.

Want 5 court-approved workplace anti-harassment tips? Read this…

September 18, 2012 | by Eric B. Meyer

You’ve got an anti-harassment policy. All managers and employees have copies and you just completed training on the policy for your entire workforce.

Sweet!

But is your policy bulletproof? I mean really bulletproof?

And if an employee claims that a harasser lurks in your workplace, if sued, will a court agree that the steps you have taken were reasonably designed to end the harassment?

Just how confident are you?

After the jump, some not so obvious pitfalls from a recent federal-appellate-court decision and six ways (5 from the court; 1 from me) to help you stay legal and out of the courtroom.

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PA: Forced reinstatement of a sexual harasser violates public policy

August 28, 2012 | by Eric B. Meyer

Courts analyzing anti-discrimination statutes such as Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act mandate that employers educate employees about discrimination in the workplace and provide a way for them to complain. Then, once made aware of discrimination in the workplace, the employer must take steps that are reasonably designed to end the discrimination. That could mean anything from a verbal warning up to termination of employment. That decision is up to the employer.

In Phila. Housing Authority v. AFSCME, after investigating a complaint of sexual harassment, a unionized employer with a zero-tolerance policy for sexual harassment fired the alleged harasser. The union subsequently filed a grievance that eventually led to arbitration, at which time the arbitrator deemed the alleged harasser’s behavior to be “lewd, lascivious and extraordinarily perverse.” Notwithstanding, the arbitrator concluded that a verbal warning would have sufficed, rather than termination, and ordered the alleged harasser reinstated and made whole.

On appeal, the PA Supreme Court blasted the arbitrator’s decision, while emphasizing the public policy against unlawful harassment in the workplace.

Employer wins lawsuit despite a “pattern of systematic sexual harassment”

August 15, 2012 | by Eric B. Meyer

In Mann v. Staples, Inc., a female employee received unwelcome comments about her appearance and physique, was kissed and groped, and called a “skank ass bitch.” The New Jersey Superior Court, Appellate Division, described this as a “pattern of systemic sexual harassment” — one in which the alleged harasser appeared to have never received any anti-harassment training.

So, what did the court do? It affirmed summary judgment for the employer and dismissed the plaintiff’s Complaint.

What?!?

Find out why, after the jump…

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Retaliatory voodoo, Courtney Love, and lots of unpaid $$$

July 17, 2012 | by Eric B. Meyer

Sounds like a bad batch of Pennyroyal Tea. Just another Tuesday here at the ole Handbook.

&amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;lt;div style=”text-align: right;”&amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;amp;gt;The San Francisco Chronicle is reporting here that Courtney Love, Kurt Cobain’s widow, is ~~reuniting the band~~ ** thank you for sparing our ear holes ** being sued by a former assistant seeking, among other things, unpaid overtime. The plaintiff also claims that Love asked her to perform ~~voodoo rituals~~ ** not yet, next paragraph ** unethical duties such as hiring a hacker and forging legal correspondence. The San Francisco Employment Lawyer Blog has more on this case here.

From Hole to holes in a doll pin-cushion, with a hat-tip to @ChaimBook, the Madison St. Clair Record reports here that a Wisconsin woman is suing her former employer for sexual harassment and retaliation. The plaintiff claims that she was forced to look at nude female magazines, calendars and sexually explicit language used by her co-workers and direct supervisor. Fairly standard sexual-harassment fare. What makes this case blogworthy is that, after she complained, the plaintiff allegedly suffered retaliation in the form of two voodoo dolls in her desk, one of which had a black pin stuck into her chest.

Boss fires HR Manager to whom he sent w-2 (by w-2, I mean lots of porn)

May 23, 2012 | by Eric B. Meyer

A long-time county employee in Florida, who served as HR Manager, is set to file a federal discrimination complaint against her former employer, claiming that she was sexually harassed at work and later fired after complaining. The employer claims that it fired the employee for making false sexual discrimination claims to the U.S. Equal Employment Opportunity Commission.

And then there’s the porn and dirty texts…which the employee’s boss admits sending…to the employee…like 40 times…

Interest piqued? I thought so. Click through…

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More office romances; more anti-harassment training

May 2, 2012 | by Eric B. Meyer

A recent survey by Workplace Options, shows that most Generation-Y employees believe that an office romance will have a positive influence on performance and overall workplace morale.

Sounds like a Cialis commercial.

Who says I need to wait for Valentine’s Day for this post? Losers, that’s who. Lock the broom closets and click through for more on this survey and ways to address the office romance…

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What’s cookin’ in celeb chef Paula Deen’s kitchen? Discrimination?

March 8, 2012 | by Eric B. Meyer

Allegedly, of course.

But, you see judge, it was only “exotic dancer” harassment…

February 27, 2012 | by Eric B. Meyer

I’ve come up with some pretty creative defenses to unlawful harassment. Usually, however, before I file a pleading, I take out my trusty ~~red pen~~ iPad and delete those arguments that are just so outrageous that I feel my client will lose credibility with the court.

But that’s just me.

After the jump, I have a recent federal-court decision in which a Maryland grocery claimed that the [alleged] relentless sexual harassment of a female employee by the store’s male manager wasn’t “sexual harassment” — that would be illegal. Rather, it was “exotic dancer” harassment.

That’s pretty creative, alright.

Oh boy…

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You know that scientist in the action movie who has all the right answers if only the government would just pay attention? If you want a nerdy employment-lawyer brain to help you solve HR-compliance issues proactively before the action sequence, I’m here to help. I'm not only an EEOC-approved trainer, I offer day-to-day employment counseling, workplace audits and investigations, and other prophylactic measures to keep your workplace working while you focus on running your business. And for those employers in the midst of conflict, I bring all of my know-how to bear as your zealous advocate. I’m a trial-tested, experienced litigator that has represented companies of all sizes in a veritable alphabet soup of employment law claims, such as the ADA, ADEA, CEPA, FMLA, FLSA, NJLAD, PHRA, Title VII, and USERRA. I also help clients litigate disputes involving restrictive covenants such as non-competition and non-solicitation agreements, as well as conflicts over use of trade secrets and other confidential information. For more about me, my practice, and my firm, click on my full bio.