How to lose a harassment case without ever committing harassment

A New York sexual harassment case has demonstrated that an employer, and the offending manager, can lose a sexual harassment case without ever being found guilty of sexual harassment. How you wonder? Let me explain. The case The case involved a professor at Columbia University who claimed she was harassed and then denied tenure for …

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Another case of Stupid HR actions

First let me make it clear that by saying “stupid HR” I am not pointing a finger at the HR department, most the time. Generally I am pointing out an action taken by a company that is an illegal action. In this example it is a “stupid HR” action taken by the president of a …

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Turn your hood around; you might be able to see your mistake.

I occasionally report on Stupid HR situations. The EEOC told the story of one such situation, in a recent press release titled Downhole Technology to Pay $120,000 To Settle EEOC Suit for Race-Based Harassment and Retaliation. The company reaction to an employee’s claim qualifies as “stupid HR” in my opinion. Not a joke If you …

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Did you know you can get sued for emotional distress under the FLSA?

We probably all know that, as an employer, you can get sued for back wages, unpaid overtime, and misclassification under the Fair Labor Standards Act, but did you know those suits can also claim emotional distress? Let me explain. The situation The 5th Circuit Court of Appeals heard a case where an employee and his …

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A story of sexual harassment and bad HR

Firing an employee because it is in her best interest is never a good reason to terminate someone involved in a sexual harassment situation. It leads to something called “retaliation” which makes the lawsuit even more complicated. Lawsuit filed The EEOC claims that a plastics packaging company fired a female employee when she complained about …

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Guarding against retaliation is a much more active process now!

In an August 29, 2016 press release the EEOC announced it final enforcement guidance on how retaliation is to be handles. As they announced retaliation is the most frequent claim of discrimination and exceeds 45% of claims of discrimination. As one of the three documents produced states “Federal equal employment opportunity (EEO) laws prohibit employers, …

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Not changing your mind on an employee’s resignation could be illegal

Usually when an employee resigns the employer accepts it and that is the end of the situation. Occasionally an employee will change their mind and ask if they can rescind their resignation. Many companies have policies against taking people back, after all they left for a reason, but some companies will take an employee back …

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Proving my point on retaliation

Just after yesterday’s blog post on What retaliation in the workplace may look like was published I received an announcement of an EEOC suit that confirms what I was talking about. Harassment and retaliation According to an announcement by the EEOC published on December 8th “Mayflower Seafood of Goldsboro, Inc., violated federal law by subjecting …

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What retaliation in the workplace may look like

If you have read any of my blogs you know that I have written a number of times about retaliation in the workplace. I recently listened to a webinar presented by my friends of the Atlanta office of Freeman, Mathis & Gary. In their presentation they had a slide that delineated the most common complaints …

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In the news

This post today is a small collection of news items that caught my interest and I wanted you to be aware of them as well. Retaliation claims still the biggest The EEOC issued  report on claims shows an overall decline in claims, perhaps a reflection of the improved economy. The numbers showed that retaliation claims …

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