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Webster County, Nebraska courthouse courtroom 3Suppose that your former employee files a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission. After an investigation, the EEOC concludes that there is probable cause that your company violated one or more of the federal anti-discrimination laws that the agency is tasked with enforcing.

So, your employee decides to the file a lawsuit in federal court. And, those claims get all the way to a jury.

Can the employee-plaintiff introduce evidence that the EEOC already determined that the employer-defendant probably discriminated against the plaintiff?

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Tomorrow is Halloween.

Slacking this year, my family made our last-minute trip to the farm on Saturday for pumpkins. The kids held it together for the most part, except when it was every boy and girl for himself/herself in the “cornbox.” Fortunately, there were plenty of cider donuts available to encourage good behavior and a well-timed crash right before bedtime. 😉

Fortunately, we did not procrastinate on other Halloween preparations. Continue reading

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McILraith-FINAL-NYCHRC-Complaint

My turn-ons include fantasy football and this ugly holiday sweater, which I cannot wait to debut this season.

I also dig smart legal writing. Although, one could never discern that by perusing my dumpster fire of a law blog. To start to fix that, today, I’m going to quote liberally from a fine piece of legal writing. This sexual harassment complaint filed yesterday in New York is a series of allegations that may be true. Or not. There are two sides to every story.

But, I know on which side here I’d want to be.

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Ten of your employees, including two supervisors, plan and attend an “unofficial” happy hour after work at a local bar. It’s unofficial because the company does not sponsor it, none of the employees are paid for their time, and no business is discussed.

Now, let’s assume that this hour is anything but happy for one of your employees. She’s getting skeeved out by a co-worker who is making all sorts of inappropriate comments to her, including questions about where she was going after the happy hour, and if she was going home to her husband. One of the supervisors notices the employee’s discomfort and helps her “escape” to her car to drive home.

Could ignoring this out-of-the-office behavior expose the company to a viable hostile work environment claim?

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