I’ve come up with some pretty creative defenses to unlawful harassment. Usually, however, before I file a pleading, I take out my trusty red pen iPad and delete those arguments that are just so outrageous that I feel my client will lose credibility with the court. But that’s just me. After…
Articles Posted in Sexual Harassment
Supervisor’s advice to sexually-harassed employee: “Pray…”
Worst. advice. ever. More on this doozy involving two Denny’s waitresses after the jump… * * * Two Denny’s waitresses have filed this complaint in CA Superior Court alleging that their manager sexually harassed them and, when they complained to another Denny’s manager, they wore told, “Pray about the situation.”…
Adultery + “distressing” text messages = no sexual harassment
Hey there, Casanova. Dontchaknow that the victim always keeps the text messages? Always! But does the victim win the sexual-harassment case about which I am blogging after the jump? Hint: no. Oh, come on! Don’t let that deter you! Click through anyway to pad my hit count and because you…
Nothing good comes of forcing employees to go to brothels
And, then, there are those that allegedly do. It is on those occasions that this blog can practically write itself. Take, for example, AutoNation. According to a complaint recently filed in California state court — well, let’s just say that AutoNation better have some good lawyers. A copy of the…
Post-employment acts don’t create a hostile work environment
When Krysten Overly, a financial advisor at a bank, told her male boss that she was resigning, Overly claims that he grabbed Overly’s arm to push her out the door. And as Overly left her boss’s office, he yelled, “Good riddance, bitch!” What a jerk! But, as a matter of…
Herman Cain, sexual harassment, and 10 lessons for employers
Speak into a microphone and point one finger in the air if your Halloween completely sucked. Politico has reported that the National Restaurant Association paid out a five-figure settlement to two women who accused Herman Cain of making sexually suggestive comments. Details on the allegations and lessons that employers can…
Equal-opportunity jerks take the “sex” out of sexual harassment
To prove sexual harassment, a plaintiff must have been subjected to pervasive or severe behavior that would make the plaintiff (and a reasonable person in the plaintiff’s shoes) believe that the working environment are hostile or abusive. Wait, I’m forgetting something. Oh yeah, the complained-of conduct must only be…
Hot Dog! EEOC accuses eatery of same-sex sexual harassment
Frankly, Anthony Weiner ain’t got nothin’ on this Weiner. The EEOC announced on Monday that it had sued Nu-Way Weiners, one of the oldest hot dog restaurants in the country, on behalf of two female employees. More after the jump… * * * You can find a copy of the…
Sleep with me, or you’re fired!
Sex sells. My most popular posts at The Employer Handbook — that’s based on you reading them (you’re all sick I tells ya, sick!!! And remember, I’m logging IP addresses) — generally involve some element of sexual behavior. You have the Brazilian self-stimulator. Actually, make that sexual behaviour — there’s…
Apparently, sex in a supply closet is not sexual harassment
At least that’s what a federal court in Utah opined. I promise that this is not a prurient post gratuitously conceived to drive internet traffic to The Employer Handbook. And this case has nothing directly to do with Pennsylvania, New Jersey or Delaware employers (Ok, that last line was shameless.…