"If I ignore harassment, it will go away" … is the 100% incorrect response to harassment happening in your workplace. It's also a non-refundable first-class ticket to a nasty lawsuit.
Thursday, April 11, 2024
Don't be an ostrich with harassment
"If I ignore harassment, it will go away" … is the 100% incorrect response to harassment happening in your workplace. It's also a non-refundable first-class ticket to a nasty lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 27, 2024
If your company just agreed to pay $2 million to settle a horrific sexual harassment lawsuit, maybe don’t trash the plaintiff on social media
If your company just agreed to pay $2 million to settle a lawsuit alleging horrific workplace sexual abuse and other sexual harassment, maybe it's not the best idea to trash the plaintiff on social media.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, January 25, 2024
Join me at this year’s Craft Brewers Conference
If you google “brewery harassment” you’ll polish off an entire six-pack before you finish reading all of the horror stories.
🤮 “Breweries named in wave of sexual harassment claims; CEO steps down.”
🤮 “Brewery ownership group ‘steps back’ after sexual harassment claims.”
🤮 “’This behavior should not be endorsed or tolerated’: harassment allegations explored as brewery reportedly closes.”
🤮 “Couple who helped start major brewery accuse owner of sexual harassment.”
🤮 “Brewery founder steps away from operations amid allegations of sexism and racism.”
🤮 “Findings of investigation into toxic brewery workplace are ‘troubling and heartbreaking.’”
And on … and on … and on. It’s an epidemic in our craft beer industry.
Which is precisely why I am so excited to be returning to this year’s Craft Brewers Conference to present, “Crafting a Harassment-Free Craft Brewery.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Just because something isn’t “illegal” doesn’t mean it’s acceptable
“This is very basic, elementary communication. This has nothing to do with training or understanding, this is daily required functioning.”
In response to her internal complaint, HR told her that its investigation revealed that while the email was “inappropriate,” it was not racist because the partner treated everyone the same way. Thus, he was not singling her out because of her race.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, December 7, 2023
A lesson in how NOT to testify
Congresswoman Elise Stefanik: Ms. Magill at Penn, does calling for the genocide of Jews violate Penn's rules or code of conduct? Yes or no?
UPenn President Liz Magill: If the speech turns into conduct, it can be harassment. Yes.
Stefanik: I am asking, specifically calling for the genocide of Jews, does that constitute bullying or harassment?
Magill: If it is directed, and severe, pervasive, it is harassment.
Stefanik: So the answer is yes.
Magill: It is a context dependent decision, Congresswoman.
Stefanik: It's a context dependent decision. That's your testimony today, calling for the genocide of Jews is depending upon the context, that is not bullying or harassment. This is the easiest question to answer. Yes, Ms. Magill. So is your testimony that you will not answer yes? Yes or no?
Magill: If the speech becomes conduct. It can be harassment, yes.
Stefanik: Conduct meaning committing the act of genocide. The speech is not harassment. This is unacceptable. Ms. Magill, I'm gonna give you one more opportunity for the world to see your answer. Does calling for the genocide of Jews violate Penn's Code of Conduct when it comes to bullying and harassment? Yes or no?
Magill: It can be harassment.
Stefanik: The answer is yes.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, November 15, 2023
The most metal employment law update ever!
Two of the most famous bands in the history of heavy metal are each facing lawsuits from former tour workers.
The family of a Kiss guitar tech, who died while quarantining in 2021 after contracting Covid while on tour with the band, is suing the band for wrongful death. According to a prior investigation by Rolling Stone, Kiss allegedly maintained lax Covid protocols on the tour in question — including a lack of testing and lots of crew members falling ill — that contributed to the roadie's death.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, November 2, 2023
Maybe don’t forge texts if you want to win a lawsuit?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, October 26, 2023
Workplace harassment and employee assistance programs
Is it legal under the ADA to mandate that an employee accused of sexual harassment use the company's employee assistance program? That's the question being asked in a lawsuit the EEOC just filed against Weis Markets.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, October 17, 2023
Employers need to be more vigilant than ever with anti-Jewish and anti-Muslim bias
Not all Jews are Zionists colonizers, and not all Muslims are Hamas terrorists. In fact, most aren't. Moreover, you can oppose the policies or actions of the Israeli government without being antisemitic and oppose Hamas without being anti-Muslim.
Yet, the ongoing conflict between Israel and Hamas has brought the Israeli-Palestinian conflict front and center into our lives, and as a result also into our workplaces. You can't stop employees from talking about current events, especially when those events are so horrific and so impactful on so many of us. Your employees will be talking about what's happening in Israel and Gaza. The key for employers is to make sure those discussions remain calm and respectful.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 29, 2023
EEOC busts a quartet of hospitality employers for pervasive sexual harassment
In a press release, the EEOC announced the filing of a series of sexual harassment lawsuits against Las Vegas hospitality employers.
[The l]awsuits … allege sexual harassment towards employees by owners, supervisors and management, co-workers, and/or customers. The four lawsuits included allegations raised by workers throughout the hospitality industry, from housekeepers in hotels to waitstaff in both high-end and casual restaurants and bars. Allegations included the attempted rape of a young housekeeper, sexual assault, sexual solicitations, sexual comments, inappropriate touching, stalking, and other inappropriate behaviors.
These lawsuits are consistent with agency's enforcement priorities as outlined in its just-released Strategic Plan, which includes targeting education and enforcement effots to protect vulnerable communities.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, August 1, 2023
Managing an overly sensitive employee
Floyd Sesson, a Black UPS parts mechanic, saw race discrimination in every turn within his workplace.
When UPS changed its policy to prohibit overtime for all parts mechanics, Sesson claimed that the policy unlawfully targeted him because of his race.
When Sesson complained to management about the overtime cuts, he claimed he further lost overtime in retaliation for his complaints.
When supervisors tried to manage Sesson, he claimed they were harassing him because of his race.
The 6th Circuit had little difficulty in affirming the dismissal of Sesson's discrimination, retaliation, and harassment lawsuit.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, July 26, 2023
X marks the spot
There's nothing inherently illegal about naming one of your conference rooms "s3xy." If, however, your company has a history of allegations of sexual harassment and other sex discrimination, it's not the wisest choice.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, July 20, 2023
Never send an accused harasser on a business trip with his alleged victim
"If he wants to sleep with someone, you have to say yes. It's normal that the coach sleeps with the players in our team."
That's what an anonymous player told The Guardian about Bruce Mwape, head coach of the Zambia women's national team.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 21, 2023
We need to talk about “wokeness”
"When I grow up, I want to be hired based on what I look like rather than my skills.… I want to get promoted based on my chromosomes.… I want to be offended by my coworkers and walk around of the office on eggshells."
Those are just a few of the quotes from some child actors in a viral YouTube ad for a company called RedBalloon.
RedBalloon is a job board to match anti-woke employees with like-minded employers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 4, 2023
When you offer a reason for something, you better be really, really sure it’s correct
It is with great sadness that we announce that the Founders Detroit Taproom will be permanently closing its doors today.
Unfortunately, our Detroit location has not been immune to the struggle to regain foot traffic after temporary Covid closures that have impacted restaurants and bars across the nation.
That was the message that Founders Brewing Company posted across its social media channels earlier this week.
There is no doubt that the bar and restaurant industry has struggled throughout the pandemic and, in pockets, continues to struggle. Consider, however, that less than three hours before Founders announced its Detroit taproom closure, it was sued by a Black employee claiming that the brewery promoted her "purely for optic reasons" and subjected her to "egregious racial harassment" that was "so objectively racially hostile that she had no choice but to resign" last week.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 27, 2023
Intentional misgendering IS sexual harassment
Jane works as a cashier at a donut shop. She is a transgender female who identifies by a female name and female pronouns. Her supervisor, Lisa, however, refuses to use Jane's preferred gender. She uses Jane's male legal name, male pronouns, and "dude" when referring to her, despite Jane's frequent requests for her to use female pronouns and the preferred female name. Lisa would similarly encourage customers not to use Jane's preferred name or pronouns.
Did Lisa create a hostile work environment based on Jane's sex?
You bet she did.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 26, 2023
Your anti-harassment obligations are 24/7/365
"I did not know that a workplace policy could be enforced when you're not at work."
Those are the words of former Tennessee Representative Scotty Campbell, spoken to a reporter a mere six hours before he resigned his seat in State General Assembly after a bipartisan ethics subcommittee concluded that he had sexually harassed two female interns.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 6, 2023
The craft beer industry has a sexual harassment problem
According to the EEOC, the industry that generates the most sexual harassment reports (at more than 14% of all such claims filed with the agency) is hospitality and food service, which includes craft breweries.
Indeed, according to a recent survey conducted by Women On Tap, 73% of women report experiencing sexual harassment while working in a pub/bar.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 20, 2023
Sexual misconduct isn’t a “mistake”
Vince McMahon is the former CEO and current Executive Chairman of the WWE. It's former CEO because he was forced to step down after it came to light that he had allegedly authorized $19.6 million in hush money payments to female employees who had accused him of sexual misconduct. (It's what earned McMahon his nomination for 2022's Worst Employer.) It's current Executive Chairman because he returned to that position earlier this year after previous stepping down for the same reason.
John Cena is a full-time actor and former WWE star who recently returned to the company.
Consider the following recent Q&A between Cena and the Associated Press:
AP: Is it tough to reconcile the feelings you have toward Vince McMahon with the sexual misconduct accusations made against him?
CENA: No. I mean, everyone has the right to have their perspective. I have the right to have mine. When you love somebody, you take them as imperfectly perfect as they are. We all make mistakes, we all have poor decisions. Lord knows I've made my collection of poor choices. That doesn't mean I’m not going to love somebody. There's no way I can go on record and say I don't love Vince McMahon.
Sexual misconduct is not a mistake.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 14, 2023
Employee harassed after coming out at work loses harassment lawsuit
After an employee comes out at work as gay, he alleges that co-workers left him pink nail polish, a nail file, and bath bombs, that someone posted Bible verses on his desk, and that he was moved to an isolated corner of the office.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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