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Lex Mentis - Taking Out the Garbage ( May 2006 )
The scenario is all too familiar. A plaintiff in a harassment or discrimination lawsuit puts an "expert" witness on the stand to testify that in his or her opinion, the defendant employer discriminated against the plaintiff, or that a sexually hostile work environment existed, or the employer's policies or procedures were somehow inadequate. Such a witness, often addressed as "Doctor" and with an impressive-sounding resume in tow, usually will impress jurors, who might believe that a form of science must underlay the expert's conclusions. -
Retaliatory Harassment: Actionable? ( March 2006 )
We know that under Title VII of the Civil Rights Act of 1964, an employer is strictly liable if a supervisor creates a hostile work environment, unless the employer has taken prompt remedial action which ends the harassment. But what is the employer's liability when the perpetrators are co-workers and not supervisors and the harassment is retaliatory in nature? -
The Fair Credit Reporting Act (FCRA) and the Investigation of Employee Misconduct ( February 2004 )
Many laws govern the employer/employee relationship, including pre-hire, hire, promotion, discipline and severing the relationship. They cover areas from discrimination to safety and health, hours worked and wrongful discharge. Employers are required to investigate allegations of harassment, hostile work environment, charges of discrimination by fellow employees and supervisors. -
Sexual Harassment Claims Defense: What the Mediator Looks For ( September 1996 )
From Thanksgiving through this past Christmas, lawyers scrambled to settle (mostly through mediation) their clients' sex harassment employment claims to beat Congress's year-end legislation triggering psychological injury damage (without physical injury) awards to become taxable earned income as of January 1, 1996. In other words, employment claims for psychological injury from sexual harassment would become taxable, spiraling upward demands to settle for the same net recovery and costing companies more. As a result, these claims poured into year-end mediation funnels nationwide in order to be settled by December 31. -
EEOC Revises its Compliance Manual Regarding Charge Filing Deadlines ( September 2005 )
The U.S. Equal Employment Opportunity Commission ("EEOC") has, recently, revised its Compliance Manual—the agency’s internal investigation manual—to reflect current law regarding charge-filing time limitations. -
Sexual Favoritism: When an Office Romance Can Result in a Hostile Work Environment Claim ( September 2005 )
In a groundbreaking development, the California Supreme Court recently issued a unanimous decision holding that widespread sexual favoritism in the workplace may create a hostile work environment for other employees. See Miller v. Department of Corrections.
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