If you are taking the time to read this blog, my guess is that as an employer you are trying to do the right thing. You may have even invested in a good personnel manual, with a solid harassment prevention and anti-discrimination policy that you update on a regular basis. Unfortunately, as the Dr. Pepper… More
Training
Employer Lawfully Terminated Disabled Employee for Inappropriate Conduct
Employers are often — perhaps with good reason– hesitant to take drastic disciplinary action against a disabled employee for fear that the employee will sue for discrimination. While the Americans with Disability Act (ADA) and other similar state and local laws prohibit unfair treatment of the disabled, the laws still permit employers to take justified… More
Investigate — But Be Careful About Promises!
Chris Kluwe, a former Minnesota Vikings football player, recently announced that he plans to file a lawsuit against his former team if the team does not release the findings of its investigation into claims of discrimination and harassment that he made against his former coach, a special teams coordinator. The coach came under fire during… More
Navy’s Blue Angels Commander Reprimanded for Supporting Hostile Work Environment
According to published reports, the former commander of the celebrated Blue Angels flight demonstration squadron, a group often thought of as the face of the Navy, was recently reprimanded after an investigation indicated he failed to stop sexual harassment and condoned and participated in other inappropriate workplace behavior. The 63-page investigative report released by the… More
Harassment by Third Party Just as Serious as Harassment by Employees
Think you are off the hook because your employee is complaining that a vendor or a client harassed her? Think again. The Fourth Circuit (covering Maryland, North Carolina, South Carolina, Virginia and West Virginia) recently ruled in Freeman v. Dal-Tile Corp. (4th Cir. 2014) that employers are liable for a third party’s harassment of its… More
Proper Documentation Overcomes Speculative Retaliation Claim
A deaf employee was fired because of offensive behavior. The employee sued claiming the termination was retaliation for his complaints about the quality of his Americans with Disabilities Act (ADA) accommodation. Pearlman v. Pritzker (4th Cir. 2014). The employer was able to successfully defend itself (At summary judgment!! Meaning it avoided the expense of a… More