By Staff Report
Aug. 20, 2013
Today I am going to discuss two racial harassment cases decided by the same court, on the same day, but with different results.
You can read each of these cases for yourself, and come up with good arguments for, and against, the employer in each. The point I want to make, however, runs deeper than any analysis of the legal merits (or lack thereof) of each case. Deciding whether a workplace is sufficiently “hostile” to support a harassment claim under the civil rights laws is highly subjective. One judge’s or jury’s illegal hostile environment is another’s workplace triviality. An employer’s primary goal should not be to win these cases on their merits when filed, but to prevent them from being filed in the first place. How does a business accomplish this goal?
Cherry picking only those complaints that you believe are serious or legitimate opens up to scrutiny those complaints that are buried or ignored, which, in the hands of the right plaintiff could prove to be an expensive omission.
Written by Jon Hyman, a partner in the Labor & Employment group of Kohrman Jackson & Krantz. For more information, contact Jon at (216) 736-7226 or firstname.lastname@example.org. You can also follow Jon on Twitter @jonhyman.
ComplianceMinimum Wage by State in 2022 – All You Need to Know
Summary The federal minimum wage rate is $7.25, but the rate is higher in 30 states, along with Washing...
federal law, minimum wage, pay rates, state law, wage law compliance
LegalCalifornia’s push for a 32-hour workweek explained, and how to prepare
Summary: California is considering a 32-hour workweek bill for businesses with over 500 staff 4 day wee...
32 hour workweek, 4 day workweek, california, legislature, overtime
LegalA business owner’s guide to restaurant tipping law
Business owners in the restaurant industry are in a unique position when it comes to employee tips. As ...
restaurants, tip laws, tipping