Tag Archives: harassment

Halloween is a Scary Time for Employers

I have always been fascinated when the shy people that I know suddenly become exhibitionists when it comes to donning Halloween costumes. Whether it is a sexy French maid costume from Victoria’s Secret or Captain Underpants® (from the Dreamworks movie), adult costumes have become much edgier. Those costumes are perfectly fine at a private party … Continue Reading

What’s the effect of the Sessions’ memo on transgender discrimination?

On October 4, 2017, U.S. Attorney General Jeff Sessions issued a memorandum advising that the U.S. Department of Justice will no longer take the position that Title VII (the law which prohibits discrimination based on sex, race, color, national origin, and religion) prohibits discrimination based on “gender identity per se, including transgender status.” What does … Continue Reading

Halloween Costumes at Work Could be “Tricky”

At the risk of reinforcing the notion of lawyers and human resources professionals as being the “no fun” bunch, we offer some practical tips to avoiding the unsuspecting tricks employers may experience after treating employees to Halloween cheer.  First, while many will revel in the opportunity to wear a costume to work and to enjoy … Continue Reading

Federal Court Gets Cat Scratch Fever

The “Cat’s Paw” doctrine describes the situation where an employer may be liable for employment decisions based on the discriminatory animus of an employee who influenced — but who did not make — an employment decision.  The phrase comes from an Aesop fable where a conniving monkey convinces a naïve cat to reach into a … Continue Reading

My Top Ten Ways to Avoid Being Sued in 2016

I love this time of year. For some magical reason, everyone’s mood changes and smiles appear. Perhaps it’s their pending vacation or the chance to spend quality time with friends and family. So, in the spirit of the holidays, here is my gift to all our readers.   Drum rolls please . . .  TEN WAYS TO AVOID GETTING … Continue Reading

Proving Emotional Harm: Using One’s “Head”

Stress. Anxiety. Paranoia. Anger. Fear. Depression. Angst. These are the types of words you would expect to hear from a plaintiff seeking compensatory damages (damages for alleged pain and suffering) in a discrimination or harassment case. How does a plaintiff prove the existence of pain and suffering? Often times, a plaintiff simply takes the stand … Continue Reading

A Busy Week at the Supreme Court – Three Important Decisions for Employers

In the past few days, the United States Supreme Court has issued three decisions that significantly impact employment law. We offer a brief summary of the Court’s decisions and how they impact employers. American Express v. Italian Colors. The case was not an employment law case and dealt with the less-than-sexy issue of arbitration clauses. … Continue Reading
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