An employer’s liability for co-worker harassment exists if the employer knew or should have known of the harassment and failed to take prompt remedial action. In other words, an employer may be liable for non-supervisory co-worker harassment if the employer was negligent in failing to discover the co-worker harassment or in responding to a report of
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Title VII’s Antiretaliation Protections can extend to an Employee’s Involvement as a Witness in an Employer’s Internal Investigation
In its decision in Crawford v. Metropolitan Government of Nashville and Davidson City, the United States Supreme Court considered the scope of Title VII protections from retaliation for employees who act as witnesses in an employer’s internal investigation into harassment. The Court held that an employee’s involvement in the employer’s internal investigation constituted opposition to unlawful employment practices when she responded to her employer’s questions in a manner disapproving of accused harasser’s sexually obnoxious behavior toward her. The Court’s decision unfortunately does not create a bright line standard for employers defining the scope of an employee’s involvement in an internal investigation which can trigger protections from retaliation. Employers should tread very carefully in this area.Continue Reading Title VII’s Antiretaliation Protections can extend to an Employee’s Involvement as a Witness in an Employer’s Internal Investigation
Managing the Holiday Cheer at this Year’s Office Party
In these difficult economic times, the traditional holiday office party may be particularly important to promoting positive employee relations. On the other hand, the event could also become a forum for criticism, particularly when a business has undergone dramatic changes like layoffs or compensation scale backs. Whatever approach your business decides to take, managing the …
First Amendment Free Speech Protections Limit University’s Enforcement of its Sexual Harassment Policy
A Federal Appeals Court in Philadelphia enjoined Temple University from enforcing its “facially overbroad” sexual harassment policy because some speech that creates a “hostile or offensive environment” may be protected speech under the First Amendment. In DeJohn v. Temple University, the Third Circuit Court of Appeals invalidated a public university’s Policy on Sexual Harassment that…
Legal System to Blame for Humorless Work Environment?
Hard economic times, perpetual threat of layoffs, workers stretched too thin could all be contributing to the “increasingly humorous American workplace” according to MSNBC author Eve Tahmincioglu in her post No joke! The workplace needs a good laugh. However, others are pointing to our legal system’s clamp down on “hostile work environments” as the cause…
Investigating Employee Misconduct based on Electronic Evidence may be limited by the Weakness of an Employer’s Policies
The prevalence of e-mail and texting communications can aid an employer in its investigation of workplace misconduct; provided, the employer’s policy adequately preserves its right to access the data. However, overstepping rights to access e-mail and other electronic communication media can result in criminal prosecution under state and federal law.
Recent high profile firings of Philadelphia…