Posts in Harassment.

When it comes to Halloween in the workplace, just call me Scrooge.

A reader writes,

Hi, Robin. I dread the prospect of employees coming to work in inappropriate Halloween costumes. I've seen costumes that are sexually provocative, or that reflect racial or ethnic stereotypes. Some people even say that employers shouldn't have Halloween parties because some employees have religious ...
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You be the judge of these real-life employment disputes! (I've changed the names to make it harder for you to Google the answers right away, but the answers with links are at the end of the post.)

1. Susan and her husband, who are white, are cleaning out their attic one weekend. They come across some quaint old clothes and sepia-tinted pictures, and among the treasures Susan finds an old ...

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The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some "wins" including a couple of big settlements . . .

Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor that had been sued by the EEOC because ...

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Today is the last day to vote for the 2014 ABA Blawg 100. If you have already voted, thank you! If you have not voted and are so inclined, please go here before 5 p.m. Eastern today and briefly tell them why you think Employment & Labor Insider should be on the "A" list of employment law blogs. We very much appreciate your support!

According to statistics collected by the Equal Employment ...

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Even an air-tight case of sexual harassment can be sabotaged if (1) the employer has a policy banning it and an effective mechanism for handling complaints, and (2) the victim refuses to cooperate in the investigation.

Rhonda Simpson was hired to work at a Big Lots store somewhere in Alabama, after a manager saw her at a fast food restaurant and thought she looked like Farrah Fawcett. She ...

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The Employment Non-Discrimination Act is dead again. Is there any federal law on same-sex harassment or discrimination? If so, what is it? Here are some scenarios that may be helpful in picking through this crazy extremely complex and rapidly transitioning area of the law. (Answers are provided after Scenario 6, below.)

The American Bar Association is still accepting nominations for ...
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How much do you really know about sexual relationships in the workplace? Take my quiz, and find out!

Bert gives Ernie all the cushy jobs because they're having a consensual affair. Can Ernie's co-workers sue for sex harassment or discrimination?

NO, because Bert and Ernie are both men.

YES, because Bert's favoritism creates a hostile work environment.

NO, because the relationship is ...

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A reader, who has asked to remain anonymous, suggested that I write about employees who make "stupid" complaints about discrimination, harassment, or other allegedly unlawful treatment.

The following is a fictionalized email, but it accurately presents the spirit of her concern.

Dear Robin,

I am a Human Resources director for a government employer. You won't believe this, but I ...

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An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.

The idea drew some positive response on Twitter:

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Many, many years ago, as an associate, I got to help defend the worst harassment investigation of my career. The entire investigation went essentially like this: MANAGER: "Lucy [not her real name] says you sexually harassed her. Is that true?" ACCUSED: "I ain't crazy." *End of investigation.* Oh. Except that the manager documented it, too. *Head slap* .

 In this manager's defense, he was ...

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Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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