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.
Must-see ConstangyTV! The September edition of ConstangyTV’s “Close-Up on Workplace Law” is on YouTube, and you will not want to miss it. Host Leigh Tyson talks with Jon Yarbrough about social media in the workplace, including social media horror stories and what employers can do about them, the restrictions that have been imposed on social media policies by the National Labor Relations Board, and how that might change now that we have a Republican majority on the Board. To save you a long, grueling trip to our YouTube site, here it is:
Trump’s 8 zillionth* travel ban: what employers need to know. President Trumpissued a new travel ban “proclamation” on Sunday, and the excellent Will Krasnow of our Boston Office has read it and explains it all for us in this Immigration Dispatch.
*I might be exaggerating.
Image Credit: From flickr, Creative Commons license, by Jelene Morris.
At a client seminar that my office presented during the very contentious 2016 campaign season, my law partner John Doyle delivered an introductory disclaimer. Although I may not have his words verbatim, I will never forget the message, which was as follows:
The only thing we’re partisan about is employers. That’s it.
It was a great way to dispel the perception that we were being politically partisan while we had to discuss the positive and negative impacts of the candidates’ proposals on employment law issues.
This morning, I got a comment from the plaintiff in an age discrimination lawsuit that I referenced last year, based on an article that had appeared in The Washington Post. Here’s what the plaintiff, Dale Kleber, said to me:
Well, Robin, I was surprised that although you have formal legal training, the article you wrote contains so many factual assumptions that simply are false. I suspect that your firm primarily represents defendant employers and your “analysis” is tainted with the bias of economic self-interest. In the near future, I expect to obtain an objective review of my case from the the Seventh Circuit. Your article, devoid as it is of even the most basic factual or legal analysis is simply an editorial masquerading as a legal newsletter. But perhaps that is what your clients want to hear.
I admit I did not think Mr. Kleber was a victim of age discrimination based on the information in the WaPo article, and I admit that I said so. Reading between the lines on his comment, it appeared to me that he had lost his case (since he was hoping to be vindicated on appeal), but I read the court filings today and it’s more complicated than that. (I’ll have a separate blog post about the merits of Mr. Kleber’s lawsuit, which I think is pretty interesting.)
As far as writing “editorials” on this blog, I plead guilty. This ain’t, after all, The New York Times.
I also admit that I and my firm represent employers, and that we are always on the employers’ side.
But what I’d really like to talk about is what it means to be “on the employers’ side,” or, as John says, “partisan” on behalf of employers.
Every now and then, I am told that it's unfair for employers to take action against employees who misbehave off duty.
"No it isn't," I reply.
Although I wouldn't recommend firing everybody who gets in trouble away from work and outside work hours, sometimes the behavior is so awful that you just have to.
Exhibit A: Colleen Campbell, former news production employee and occasional ...
I'm going to have to make this a regular series.
A few weeks ago, I posted about an "Ask Amy" column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one, but two, corrections not long afterward.)
Last week, Karla Miller of the "Work Advice" column in The Washington Post -- who is a bona fide "HR advice" columnist, and a very ...
Last week, we talked about employment investigations. This week, I'd like to talk about what employers do with the information they gathered during the investigation. There are two main tasks:
No. 1: Figure out what probably happened.
No. 2: Decide what action to take based on No. 1.
It's almost impossible to generalize about No. 1 because the results will vary ...
The May edition of ConstangyTV's Close-Up on Workplace Law has just been released. Host Leigh Tyson -- who is now co-chair of our Labor Relations Practice Group in addition to being a YouTube star -- interviews Mel Haas, veteran labor lawyer and head of our Macon Office, about what employers can do to create a satisfied workforce. You will not want to miss this ...
What makes a workplace investigation so good that you just can't wait to show the EEOC investigator what you did? And you're like, "Plaintiff's lawyer, take us to court -- please!"
All right, maybe nothing would make it that good, but here are nine things employers can do to ensure that they at least won't be ashamed of ...
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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