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Total Articles: 10

5 signs that you'll lose your sexual harassment case

Last week, I was pretty hard on Herman Cain and his response to allegations of sexual harassment. Since then, two women have come forward publicly, and all I can do is quote from my partner John Doyle:

"A closed mouth gathers no feet": What Herman Cain teaches employers about sexual harassment

OK, I do have an opinion, but I'm going to keep it to myself until we get more specifics.

Sexual innuendos and demeaning comments cost employer $1.6 Million.

In gender discrimination cases under Title VII, a jury can award back pay and front pay, but also can award compensatory damages if it believes that an employee was harmed emotionally or psychologically by the alleged harassment or hostile work environment. The 1st U.S. Circuit Court of Appeals recently affirmed a $1.6 Million damages award against a Massachusetts hospital and a male physician, and in favor of a female neurosurgeon who claimed hostile work environment and retaliation under Title VII. Tuli v. Brigham & Women’s Hospital, 1st Circ., No. 09-1731, August 29, 2011.

Employer FAQs (No. 10): How can I guarantee that I'll get a sexual harassment suit?

And, more importantly, what is it with The Price Is Right? It's a regular Peyton Place, for cryin' out loud.

11 Employer FAQs: (No. 4): Should I offer harassment training to rank-and-file employees? Isn't that just asking for trouble?

Over the next 8 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.

Harassment – Aren't Employees Smart Enough to Know Better?

Some employers mistakenly believe that harassment was a problem in the 1990's and supervisors and employees now know better. They are wrong. Contrary to popular belief, harassment is not a thing of the past – and the evidence shows that some employees don't know better.

Accused of sexual harassment? That's bad, but don't make it worse.

Two cheers for DSK. Let's start with the (relatively) positive. From a criminal standpoint, DSK is looking better by the minute, and his accuser is looking worse.

Worker's Failure to Report New Incidents of Harassment Proves Costly

A federal appellate court has ruled that an employer should not be held liable for fostering a racially hostile work environment in violation of Title VII of the Civil Rights Act. According to the court, the company promptly disciplined the workers for their initial misconduct and the employee did not adequately report the alleged resumption of the harassment. The worker's failure to put the company on notice of the renewed harassment, the court found, was "fatal to his claim of employer liability." Wilson v. Moulison North Corp., No. 10-1387, First Circuit Court of Appeals (March 21, 2011).

5 signs that your sexual harassment case may be a dog

Between "Weinergate," the indictment of John Edwards, and the relatively old news about Dominique Strauss-Kahn and Arnold Schwarzenegger, it is obvious that issues related to sexual misconduct, including sexual harassment, are not going away. How can you, as an employer, know when a sexual harassment case is a "dog"? Here are five signs that you might want to answer "yes, please, and thank you, Sir!" when you get that EEOC request to mediate.

Are Employers Properly Protecting Themselves From Harassment Claims?

Recent harassment cases should serve as a warning to employers regarding the effectiveness of their harassment policies, especially in hostile work environment cases.
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