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Even one bad comment may create a hostile work environment, says Second Circuit

With all due respect to the United States Court of Appeals for the Second Circuit, I’m glad, at least for this month, that I don’t practice there. You see, as I blogged here on Monday, the Second Circuit ok’d/protected an employee’s vicious, profanity-laced, social-media tirade against his boss, his boss’s mother,…

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Racials slurs, shotgun threats, but no why no hostile work environment?

It’s deja vu all over again. Yesterday, in this post, I stressed how important it is for employers to take complaints of discrimination — even the head-scratchers — seriously. Today, I’ve got for you an opinion from a Kentucky federal court, where an employer’s swift, measured response to a series complaints…

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This right here is why you train your managers to take all complaints of harassment seriously.

When I conduct anti-harassment training for supervisors, one of the points I stress is that all complaints of harassment and discrimination — no matter how minor — must be taken seriously. Why? For a few reasons. By addressing harassment right away, it reduces the chances of repeat performances. That’s good for the employee.…

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Our day at Epcot: Food, characters and, yes, an employment-law lesson

Remember Hank the Septopus from Disney’s Finding Dory? I found his missing tentacle. And, my son ate it! Let’s hear it for the boy! Other highlights of Day 3 (Epcot) of the Disney sojourn with the family: Breakfast with many princesses: Cinderella, Sleeping Beauty, and Belle among others. Anna was taken with…

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Racist code names for customers are bad. And, so is firing someone for complaining about it.

These are the key allegations underpinning ***Googles “underpinning”*** yes, underpinning a complaint filed in California against luxury retailer Versace. Tell us more, Mayra Cuevas reporting here at CNN.com: Can you fire employees for complaining about discriminatory treatment of customers? No, dude. Title VII of the Civil Rights Act of 1964 protects employees who…

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Bad things often happen when employees feel they have to resort to self-help

Like one-man bands. Or, retaliation lawsuits, for example. Ms. Nuness is our plaintiff in this case. Ms. Nuness alleges that she is a female African-American who worked for her former employer for about 14 months. During her employment, the plaintiff worked alongside a male Caucasian co-worker who had been counseled, from…

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Company tried to “sprinkle a little salt” on its worksite; pays $50K to the EEOC.

Are you guys old enough to remember that old NFL Films Dial ‘M’ For Moron bit? What can I say? I’m a sucker for the classics. Well, it’s all I could think of after reading this EEOC press release, highlighting a recent race discrimination and retaliation action against a car dealership because…

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Cut your hair, Mattingly!

On Saturday, I ran — and I use that term, “ran,” generously — my first Spartan Race. Maybe, the better past-tense verb is “completed.” But, I’ll take it. What the heck does Don Mattingly have to do with employment law? About a quarter-century ago, the New York Yankees benched first baseman…