Once again, I wallow in the mud so you won't have to.
The proposal to do away with confidentiality in sexual harassment settlements is likely to hurt victims at least as much as it exposes perps.
So, you don't want to be a sexual harasser at work? Good for you! Follow these dos and don'ts, and you should be in great shape.
According to a Wall Street Journal/NBC News poll published this week, 48 percent of working women believed they had been victims of sexual harassment in the workplace.
My reaction was, “Only 48 percent?”
Words fail me. Let’s just say that I hope he is sincere about getting the help he needs to turn his life around.
Which, among other things, should include trying to make some form of restitution to his allegedvictims. (None of this ridiculous “atonement by fighting the NRA.”)
There are more Weinstein stories than I can link to, but here are the two original sources: The article by Jodi Kantor and Megan Twohey in The New York Times is here, and Ronan Farrow’s excellent and very disturbing article in The New Yorker is here.
Mr. Weinstein, through a spokesperson, has denied engaging in any non-consensual sexual relations or retaliating against anyone who refused his advances. The full denial is in the video, below.
Here are my eight takes from an employment law and Human Resources perspective:
No. 1: “Quid pro quo” harassment is just a fancy word for extortion — where the prize is sex, instead of money or property. When an employer threatens to terminate (or otherwise punish) an employee for refusing sexual advances, or promises to hire (or otherwise reward) her for participating, then that is extortion. (I’m using “she” and “her” for convenience, but men can be victims, too.) In the ordinary employment context, an employer is strictly (automatically) liable if a supervisor or manager engages in this type of harassment.
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College in Macon, Georgia.
In February 2016, the Office of Federal Contract Compliance Programs filed an administrative complaint against B&H Foto, the largest non-chain photo and video equipment store in the United States. The Complaint alleged that B&H had discriminated against female, black, and Asian jobseekers by hiring only Hispanic men for entry-level positions. The OFCCP also alleged that Hispanic employees were harassed, paid less than similarly situated workers, and denied promotions because of their ethnicity.
The agency and the company recently entered into a consent decree, in which B&H agreed to pay $3.22 million in back wages to more than 1,300 affected class members. The company has also agreed to hire a workplace consultant to address its employment practices and workplace conduct. In addition, the company must provide its managers with annual training on EEO principles and on workplace harassment.
By agreeing to the consent decree, the company did not admit any guilt or wrongdoing. The company released a statement denying all of the allegations, but recognizing that litigation would be costly and resolution would allow it to return to business “as usual” with the government.
If you're a private sector employer, you can generally fire an at-will employee for his or her political beliefs or expression. The First Amendment, as we discussed last week, does not limit you. Depending on where you are, there may be state or local laws protecting employees from discrimination based on their political beliefs or activities, but those jurisdictions are the ...
President Trump endorses the RAISE Act, which would clamp down on legal immigration. The RAISE Act legislation, among other things, would give immigration priority according to a skills-based "points" system and to individuals who speak English. If enacted in its current form, it would be expected to reduce legal immigration to the United States by about 50 percent. Will ...
Would you believe we have another ConstangyTV Close-Up on Workplace Law? We do! In our August show, host Leigh Tyson talks with Heather Owen of our Jacksonville Office (esteemed proprietor of FOCUS, our women's leadership blog) about coordinating reasonable accommodation obligations under the Americans with Disabilities Act and leave under the Family and Medical Leave Act ...
(When I think out loud, beware.)
Ellen Kearns' discussion of last week's decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees who use medical marijuana, got me thinking about whether we need to revisit some of our assumptions about marijuana in the ...
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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