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& Best Practices for Employers

Category Archives: Workplace Investigations

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#Metoo reaches the federal courts

Posted in Civil Rights, General Labor and Employment News and Updates, Harassment, Retaliation, Title VII of the Civil Rights Act, Workplace Investigations, Workplace Policies
On July 3, 2018 the United States Court of Appeals for the Third Circuit[1] ruled on the case of Minarsky v. Susquehanna County et al, 17-2646 (Jul. 3, 2018). The case clarifies and limits the scope of the Faragher-Ellerth affirmative defense in workplace harassment cases. Established by the Supreme Court in 1988, the Faragher-Ellerth defense … Continue Reading

What #MeToo Means for Employers: Workplace Harassment in the Age of Awareness

Posted in Civil Rights, Discrimination, Equal Employment Opportunity Commission, Harassment, Retaliation, Social Media, Title VII of the Civil Rights Act, Workplace Investigations, Workplace Policies
This past Sunday, actress Alyssa Milano posted the following message on Twitter: Me too. Suggested by a friend: “If all the women who have been sexually harassed or assaulted wrote ‘Me too.’ As a status, we might give people a sense of the magnitude of the problem.” Since Ms. Milano’s original tweet, the hashtag #MeToo… Continue Reading

Attention New Jersey Employers: Whistleblowers Are More Common Than You May Think

Posted in Workplace Investigations, Workplace Policies
When you think about whistleblowers, you might think of Edward Snowden, who recently exposed the NSA’s surveillance program.  While high profile cases often garner the most attention, whistleblowing statutes afford protections to all employees who report or object to illegal activity or misconduct even on a smaller scale.  If you have operations in New Jersey,… Continue Reading

Investigating Employee Complaints of Workplace Bullying

Posted in Workplace Investigations
Workplace bullying is once again receiving significant media attention after a Miami Dolphins offensive lineman, Jonathan Martin, lodged allegations of bullying and harassment by fellow lineman Richie Incognito and other unnamed teammates. While the National Football League investigates Martin’s claims, the Dolphins have suspended Incognito pending the outcome of the investigation. The NFL’s prompt response… Continue Reading