Quirky Questions

Real Life Employment Law

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A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent.

This Quirky Employment Questions Blog addresses unanticipated questions regarding the workforce.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

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Tagged: Sexual Harassment

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

Will We Need to Say Goodbye to Our Employee Arbitration Agreements? A To-Do List in Light of the New Federal #MeToo Law.

 

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The New York Times article detailing the accounts of survivors of Harvey Weinstein’s sexual misconduct sparked a wave of revelations and stories from survivors of sexual harassment and abuse in multiple industries throughout the United States. The deluge of stories was dubbed the #MeToo Movement, and it led to a reckoning in American society about how to address claims of...

POSTED IN Employee Handbook / Policies, Sexual Harassment
What is Required of New York Employers Under the Recent Changes to the State and City Sexual Harassment Laws?

What is Required of New York Employers Under the Recent Changes to the State and City Sexual Harassment Laws?

 

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As the #MeToo movement was changing the conversation around sexual harassment nationwide, both New York State and New York City passed laws aimed at changing the way New York employers handle sexual harassment in the workplace. The changes include mandatory sexual harassment training and policies, enhanced protections for employees and non-employees and additional reporting and certification requirements for City and...

POSTED IN Sexual Harassment
It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

It May Be A New World For Sexual Harassment, But Many Old Rules Still Apply

 

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In the weeks since allegations began to surface regarding the sexually predatory behavior of movie mogul Harvey Weinstein, sexual harassment allegations (sometimes admitted and sometimes disputed) against powerful, prominent men have been a daily feature of the headlines, involving Oscar-winning actors, sitting and would-be senators, talk show hosts, and numerous other high profile figures. Allegations against the both the current...

POSTED IN Litigation Issues, Retaliation, Sexual Harassment
Quirky Question # 158, Reporting Harassment to the Harasser

Quirky Question # 158, Reporting Harassment to the Harasser

 

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Question: Our company has a sexual harassment policy.  The policy makes clear that an employee who feels as though he or she has been harassed should report the problematic conduct to our Director of Human Resources.  The policy also provides that, if more convenient, or for any other reason, the employee also can report the harassing behaviors to anyone else...

POSTED IN Sex Discrimination, Sexual Harassment
Sexual Harassment and Negligent Hiring, Can Same Conduct Justify Two Claims, Quirky Question # 152

Sexual Harassment and Negligent Hiring, Can Same Conduct Justify Two Claims, Quirky Question # 152

 

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Quirky Question #152 One of our employees complained of sexual harassment. We investigated, though admittedly not as promptly as we should have. We discovered that the harasser had engaged in some seriously problematic conduct. Our investigation also revealed that the harasser had engaged in similar conduct at a prior employer and previously, at our company, with a different employee who...

POSTED IN Negligence, Sexual Harassment