Ogletree Deakins • February 07, 2014
An office romance 25 years ago worked out well for President Barack Obama (who met his wife, Michelle, while they were both working at a Chicago law firm) President Bill Clinton’s history of workplace relationships was a different story. When workplace relationships don’t work out, it isn’t only the unhappy couple that ends up suffering the consequences. Employers often must manage a welter of negative workplace effects from employee romances—sometimes even when the relationships are successful. So what should an employer do to avoid the potential fallout from office relationships and how can companies avoid Valentine’s Day disasters?
Constangy, Brooks & Smith, LLP • January 24, 2014
If Joe tells co-worker Mary a dirty joke, Joe is probably in violation of the employer's no-harassment policy, right? And he risks being disciplined, or even fired, right?
Constangy, Brooks & Smith, LLP • January 03, 2014
I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.
Fredrikson & Byron, P.A. • December 16, 2013
The Tenth Circuit recently said no in Debord v. Mercy Health Sys. Of Kan., Inc., 2013 U.S. App. LEXIS 23733 (10th. Cir. Nov. 26, 2013). The case involved Sara Debord, a nuclear-medicine technician, who claimed her employer, Mercy Hospital in Independence, Kansas, retaliated against her for making a complaint of sexual harassment. The “complaint” in question was a Facebook post Debord made stating:
Goldberg Segalla LLP • December 11, 2013
Most employers understand the significant consequences of sexual harassment at the workplace and take proactive measures to train employees about proper conduct. However, liability is not limited to the conduct of employees. Employers also have a responsibility to prevent sexual harassment by third parties such as clients, vendors, patients, and customers, when the employer knows about the conduct and fails to take any corrective action. Although third-party harassment is reportedly just as common, many employers do not take appropriate steps to prevent it.
Constangy, Brooks & Smith, LLP • December 06, 2013
Can a guy sue for sexual harassment?
Constangy, Brooks & Smith, LLP • November 26, 2013
In a year-end blockbuster, the U.S. Court of Appeals for the Fifth Circuit changed the law on what constitutes a sexually hostile work environment and suggested a different way to analyze retaliation claims for protesting such environments. Read all about it in Royal v. CCC&R Tres Arboles LLC, issued on Nov. 21.
Ogletree Deakins • November 20, 2013
There is no crying in football, but is there harassment?
Constangy, Brooks & Smith, LLP • October 18, 2013
Penn State. The Catholic Church. The schools. Employers are increasingly accused of covering up sexual abuse after they've reacted too slowly, or ineffectually, or after they've seemed to be too protective of "their own" and not concerned enough about the victims. I spoke this week with my colleague Jill Stricklin, who is a course planner for DRI's Sexual Torts program, which will take place November 13-15 in San Diego.
Goldberg Segalla LLP • October 16, 2013
The topic of unpaid interns has generated a lot of buzz in the employment law world after a flurry of recent lawsuits in which interns sought repayment under the Fair Labor Standards Act. (Our Professional Liability Matters blog discussed the issue in posts on June 25 and July 9.) However, an October 3 decision from the Southern District of New York has taken the topic into a new direction: sexual harassment. The result? The court ruled that unpaid interns cannot sue for sexual harassment under New York City municipal civil rights laws.