Sexual Harassment

File the “blue collar workplace” defense to a hostile work environment in the trash can

December 6, 2016 | by Eric B. Meyer

When defending against a woman’s sexual harassment claim, I’ve found that “she was asking for it” is generally a bad defense. So bad, in fact, that you may just want to whip out the old checkbook instead.

Another crappy one, apparently, is trying to convince a judge that an industrial workplace setting is carte blanche to knuckle drag and generally act like pigs.

Also known as the “blue collar” defense.

HR-101: Did an NFL fan create a hostile work environment by throwing a sex toy on the field?

October 31, 2016 | by Eric B. Meyer

At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League between the Buffalo Bills and the New England Patriots. Here’s another angle. (Still NSFW).

And, it got me thinking…

This could make for a good HR compliance lesson. Trust me.

Blaming the victim is a bad way to respond to a sexual harassment complaint

September 8, 2016 | by Eric B. Meyer

Indeed, it cost a southern baptist church $25,000.

This, right here, is why a good workplace investigation is EVERYTHING!

September 1, 2016 | by Eric B. Meyer

You received a complaint of sexual harassment from a female employee against a male co-worker.

So, you promptly investigate, during which you interview the complainant and the alleged harasser, and review documents. When the investigation ends, you conclude that the female complainant — not the male co-worker — was the sexual harasser. So, you promptly fire the female employee.

Legally, did you do anything wrong? Well, notwithstanding the factual twist, it doesn’t seem that way. But things aren’t always as they seem. And I’d get a day off from blogging if this one were that straightforward

Yes, your company may get nailed for a hostile work environment created by your customer

August 10, 2016 | by Eric B. Meyer

Just when you thought it was tough enough to keep your own workforce in line.

Sexual harassment — same as it ever was

August 4, 2016 | by Eric B. Meyer

On Tuesday, the EEOC announced here that it had resolved a sexual harassment lawsuit with a Dunkin Donuts franchise for $150,000.

What’s so blog-worthy about that?

Trailblazing federal court flatly rejects one free tea-bagging at work

July 21, 2016 | by Eric B. Meyer

No, not that tea-bagging. And just when you thought that Your Blogness couldn’t possibly raise his game (raise, right?) after yesterday’s fart post.

(Yes, the next 1000+ words will either be my G.O.A.T. or my Waterloo, which, I’m told, is bad.)

By the power of Title VII! Woman called “He-Man” loses gender-bias claim

May 26, 2016 | by Eric B. Meyer

Look, no one forced you to read this. Or click on that video.

This sad, sobering video is a reminder that your company still employs knuckledraggers #MoreThanMean

April 27, 2016 | by Eric B. Meyer

Most of you have either seen or heard about Mean Tweets from Jimmy Kimmel Live! That’s the segment where celebrities stand in front of the camera with smartphone in hand awkwardly reading the snippets of vitriol that Twitters users can spew about them in 140 characters or less. The celebrities have a good sense of humor about it. And the segment is generally good for some LOL moments.

Well, the folks over at Just Not Sports took Mean Tweets to another level with #MoreThanMean tweets.

Continue reading

GUEST POST: Workplace lessons for employers from Ke$ha and Dr. Luke

March 8, 2016 | by Eric B. Meyer

We have an extra-special guest blogger today. It’s my mentee, Meaghan Londergan. (Sorry, folks, all of The Karate Kid images were copyright protected). Sadly, I no longer work with Meaghan. But, in her defense, there’s only so much Meyer that a young impressionable associate can take. Since then, Meaghan’s been a real mover and shaker. Now, she’s a Partner at Freeman Mathis & Gary, LLP.

I also want to give a shout out to Meaghan’s law clerk Erika Mohr, a third-year law student at the Drexel University, Thomas R. Kline School of Law, graduating May 2016. If I taught Meaghan anything — Meaghan, did I teach you anything? Don’t answer that. — it’s to delegate responsibility, especially on law-related articles. So, let’s assume that Erika did all the heavy lifting on this guest post.

If you want to reach Meaghan, maybe hear some ~~blackmail~~ old Meyer war stories, you should connect with her on LinkedIn. Ditto for Erika, less the dirt. And if you want to guest blog on an employment-law topic at The Employer Handbook, email me.