Friday, June 13, 2008

What I'm reading this week #35

While I recognize that the next statement might alienate some of my readers, I have to admit that I'm not the biggest NASCAR fan. That fact, however, does not stop me from reporting that a former NASCAR official has sued the racing league for sexual harassment, seeking an astounding $225 million in damages (which makes NASCAR a whole lot more interesting to me). For an HR perspective on this issue, click on over to The HR Capitalist. Meanwhile, the Connecticut Employment Law Blog has some insightful thoughts on companies being fairly stereotyped by their public image.

Rush on Business advises that companies should "build an Ark" to avoid employment lawsuit. What does Rush mean? Like Noah, businesses should be proactive in attacking issues before they become a problem that can swamp the company. Some examples include having an effective harassment policy, promptly and accurately documenting performance problems, and reviewing wage and hour compliance.

Recall that in Thompson v. North Am. Stainless, the 6th Circuit went beyond the plain language of Title VII to find a claim for associational retaliation. Jottings by an Employer's Lawyer, the granddaddy of employment law blogs, reports on a case out of the 5th Circuit that came to the exact opposite conclusion under the FMLA.

The Delaware Employment Law Blog observes that in employment disputes, simply providing an employees a forum to air their grievances can often stave off a lawsuit.

The Pennsylvania Labor & Employment Blog reports on Klopfenstein v. National Sales & Supply, in which a Pennsylvania federal court found that the act of getting coffee is not gender specific and therefore cannot form the basis for a sexual harassment claim.

Finally, this week brings us a trio of thoughful articles on preventing and avoiding retaliation claims: the Labor & Employment Law Blog on training supervisors to avoid retaliation claims; BLR's HR Daily Advisor on how not to be blindsided by a retaliation claim, and BLR's HR Daily Advisor on rules to prevent retaliation.