Not Just “Meat Counter Culture”: When Same-Sex Harassment Violates Title VII

Most of the time, the stories of workplace sexual harassment we hear about consist of conduct occurring between men and women.  Yet Title VII’s ban on discrimination because of sex encompasses same-sex harassment in the workplace as well.  Such was the lesson learned for a Chicago, Illinois grocery store that had justified the harassment of a male butcher as mere “meat counter culture” in Smith v. Rosebud Farm, Inc., Case No. 17-2626,...
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Yet Another Example of Oversharing Gone Wrong

Brief Quiz here:   What personal medical information you learn from a subordinate employee should you share with others on social media?  If your answer is “none, under any circumstances,” congratulations – you need read no further.  If your answer is “well, maybe it depends, because people might need to know…” then I have a story for you. A recent lawsuit filed in New Jersey state court is a good reminder of why being an over-sharer...
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Pharmacy Not Liable for Employee’s Defamatory Statements Made In The Workplace

Bernadette Hunton
Bernadette Hunton
06/12/2018
Under the theory of vicarious liability, employers can be held responsible for an employee’s wrongful conduct provided he is acting within the scope of his employment.   But as the Fourth Circuit Court of Appeals reminded us this week, not all workplace conduct which gives rise to a lawsuit against an employee, gives rise to one against his employer as well.  Garnett v. Remedi Seniorcare of Virginia, LLC, No. 17-1890 (6/11/18). In this case,...
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Economic Realities May Make HR Manager Liable for FMLA Violation

Darrell VanDeusen
Darrell VanDeusen
03/22/2016
Addressing the issue for the first time, the Second Circuit has held that supervisors can be individually liable for violations of the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq.  Graziadio v. Culinary Inst. of America, 2016 U.S. App. LEXIS 4861 (2d Cir. March 17, 2016).  In so doing, the court joins other federal appellate courts that have applied the Fair Labor Standards Act’s (FLSA), “economic realities” test to...
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