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The Legal Stuff
BT Currents - Hot Topics in Employment Law

29 May Workplace Culture 2.0: More Leadership, Less Management

Title VII is not a “civility code.”   Although the landmark Civil Rights Act of 1964 outlaws discrimination in the workplace, it does not outlaw bad behavior. It does not require us to each to treat coworkers respectfully. It does not compel us to be inclusive, or tolerant, or kind.   When the U.S. Supreme Court cautioned in a 1998 sexual harassment case that Title VII is not a “civility code,” it underscored the constraints of our country’s seminal anti-discrimination law. The law has its…

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26 Apr When Is A Sexual Harassment Policy And Training Ineffective?

As we continue our series on sexual harassment cases, here’s a play-by-play of a recent First Circuit case, Aggannis v. T-Mobile, USA, Inc.   A customer service rep (CSR) complains to her manager that her team “coach” made a sexual comment about her outfit.  Score for the manager who reports this to HR! HR follows up, but CSR says it’s no longer an issue; she stopped wearing the outfit and doesn’t want anything done.  HR drops it.  Tough call – management has an obligation to…

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04 Apr Sex, Power & the Workplace Responding to the Skeptics Q&A: Part 2

Last week, we ventured into provocative questions surrounding the current emphasis on workplace sexual harassment. Our Q&A series continues:   Why are only rich men being sued for sexual harassment?   When I was presented with this precise question recently, I sensed a healthy dose of suspicion; that is, a tendency to believe that the women making these accusations are engaged in simple money-grab. Perhaps that is true; there are some who overreact to behavior that is neither severe, nor pervasive. But, our collective experience…

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20 Feb Sexual Harassment 2.1: Keep Up, We Are Moving Fast…

Last week I wrote a post elsewhere updating business people on the latest developments arising from the tsunami of high–profile harassment reports and allegations in recent months. The bottom line:  we have had relatively few changes so far (this aspect of this year’s federal tax law a notable exception), but it seems almost certain there will be. For literally decades employers could protect themselves from most harassment claims with a good policy (easy), appropriate training (pretty easy), and responding appropriately to complaints of harassment (not necessarily…

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14 Feb Sexual Harassment In The Non-Profit World

  Much of my time is spent advising non-profits on human resources issues, and the employment issues they face are typically no different than those faced by for-profit employers.  Non-profits are legally obligated to put in place a policy that prohibits unlawful harassment in the workplace, to promptly investigate workplace harassment claims, and to take prompt and effective remedial measures to remedy the alleged harassment.   This is true – in the non-profit workplace – regardless of whether the alleged harasser is a supervisor, coworker,…

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