Ver la versión en español aquí Prior to 2020, the National Labor Relations Board (NLRB) took a three-pronged approach to analyzing whether vulgar, threatening, or offensive speech by employees fell inside or outside of the protections of section 7 of the National Labor Relations Act (NLRA). As we discussed at our recent breakfast seminar, depending … Continue Reading
Ver la versión en español aquí When the first transgender discrimination case reached the U.S. Supreme Court, Chief Justice Roberts asked, “What do we do about bathrooms?” Now, The Supreme Court has been asked the question: Does Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination at work, apply to discrimination … Continue Reading
With the New Year right around the corner, office holiday parties are in full swing. While many enjoy celebrating the season, these festivities can sometimes turn into an HR disaster. To help ensure your celebrations are jolly, check out my tips on planning a fun, festive and inclusive holiday party here. Wishing you all a safe, happy … Continue Reading
Ver la versión en español aquí HR folks – Have you ever had an employee tell you that he or she is being unlawfully harassed by a co-worker, but then begged you to keep the complaint confidential? Most often, employees ask their employers not to investigate their concerns because of embarrassment or fear of retribution. … Continue Reading
Halloween office parties can be very scary- HR folks need to be particularly wary. Provocative costumes are a big “no no”; Policy violators may receive the heave ho. I guess my feeble attempt at poetry left some folks howling at the moon. Halloween is just two days away, which means we’re all one inappropriate … Continue Reading
Ver la versión en español aquí Another successful seminar in the books! Thank you to the nearly 400 attendees who came from near and far. We hope you enjoyed the day and that our presentations provided timely, relevant and valuable insight. Congratulations to our blog contest winners! You will receive complimentary registrations to our 2019 Seminar. Monelle Petgrave, Amadeus … Continue Reading
Ver la versión en español aquí Thank you to those of you who attended our 28th Annual Labor & Employment Law Seminar in Miami. It was a huge success with over 400 attendees. Be sure to keep an eye out for our top takeaways post coming soon. In addition to the Miami seminar, we are excited … Continue Reading
Ver la versión en español aquí Did you know that 48.8% of the charges of discrimination filed with the EEOC in the 2017 fiscal year alleged retaliation as a result of employees asserting claims of employment discrimination? In a distant second place were allegations of race discrimination. In third place: disability discrimination. Employers should expect … Continue Reading
Ver la versión en español aquí Please join us for our 28th Annual Labor & Employment Law Seminar Friday, April 27th from 8am-4pm at the JW Marriott Marquis Miami. Our annual seminar draws hundreds of human resource professionals, in-house counsel and senior executives from South Florida’s top businesses. And for good reason! No one does events quite … Continue Reading
Ver la versión en español aquí Last week, the Attorneys General (“AGs”) in each state and U.S. territory all announced their support for ending mandatory arbitration of sexual harassment claims. They wrote Congress that the “secrecy requirements of arbitration clauses” as applied to sexual harassment claims “disserve the public interest … [by creating] a culture … Continue Reading
Ver la versión en español aquí The New York Times ran an article on December 11, 2017, titled, “Sexual Harassment Training Doesn’t Work. But Some Things Do.” The article describes sexual harassment training as an exercise that consists of “clicking through a PowerPoint, checking a box that you read the employee handbook or attending a … Continue Reading
Ver la versión en español aquí The recently passed tax act promises to have wide ranging impacts on businesses which go beyond the accounting department. There have been attempts by other agencies such as the SEC, EEOC, DOL and NLRB to limit the confidentiality of settlements. The new tax act follows suit by including a provision … Continue Reading
Ver la versión en español aquí While several well-known corporate executives, movie stars, government officials and other high profile people have been facing sexual harassment claims in recent weeks (and the list seems to increase daily), the issue is most assuredly not limited to those in the public eye. All employers are wise to use … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí 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 … Continue Reading
Ver la versión en español aquí Transgender Status and the Bathroom Question With North Carolina recently passing a state law which requires a transgender person to use the restroom that matches their sex at birth, the question many Floridians are asking now is: If a person is transgender, or has a gender identity or expression different … Continue Reading
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
Employers in Australia may be scrambling to update their social media and anti-bullying policies in light of a finding by the Fair Work Commission (FWC), Australia’s national workplace relations tribunal, that Facebook “unfriending” may constitute workplace bullying. The FWC was tasked with analyzing whether Rachael Roberts — a real estate agent sales administrator — was … Continue Reading
Ver la versión en español aquí It may be 2015 but sexual harassment and religious discrimination are alive and well. Just ask the potato packers at Smokin’ Spuds, Inc. and the beer truckers at Star Transport. The EEOC just announced successful resolutions in cases against these companies. Perhaps more interesting than the spuds and the … Continue Reading
Ver la versión en español aquí A few weeks ago, my son started school at a local synagogue. When I opened his backpack on Friday, I found a note from his teacher. It read, “In honor of Rosh Hashanah (the Jewish New Year), please send in a mitzvah note for your child (a good deed … Continue Reading
Ver la versión en español aquí A call center worker employed by New York City is suing for reinstatement and back pay after being viewed as a danger to her coworkers and recently fired from a job she held for 27 years. According to the city, she was deemed to be acting in a threatening … Continue Reading
Ver la versión en español aquí Legislative efforts have failed repeatedly at the federal level to add “sexual orientation” and “gender identity” to the list of protected classifications under anti-discrimination laws. That has not deterred the EEOC in its quest to protect the LGBT community from employment discrimination. On the heels of the Supreme Court’s … Continue Reading
