Category: Sex Discrimination

Accessing Pornographic Websites, Quirky Question # 109

Accessing Pornographic Websites, Quirky Question # 109

Quirky Question # 109: We recently discovered that one of our company’s computers was used to access pornographic websites.  Many different employees had access to this computer, but we believe we know who is responsible.  In part, our conclusion is based on the fact that he is the only male employee who has access to that computer. We’re thinking about...

Guest Article, Forensic Psychiatric Evaluations of Emotional Distress Claims, Part 2

Guest Article, Forensic Psychiatric Evaluations of Emotional Distress Claims, Part 2

CONTRASTS IN CLAIMS: EVALUATING EMOTIONAL DISTRESS—Part II— A “False Claim” Barbara Long, M.D., Ph.D., A.B.P.N. Employment law Title VII claims often include claims of significant emotional distress allegedly caused by inappropriate remarks, touches, and other behaviors in the workplace.  When a supervisor, as opposed to a coworker, has been the alleged instigator of the reportedly offensive behavior, emotional distress claims...

Guest Article, Forensic Psychiatric Evaluations of Emotional Distress Claims

Guest Article, Forensic Psychiatric Evaluations of Emotional Distress Claims

CONTRASTS IN CLAIMS: EVALUATING EMOTIONAL DISTRESS—Part I—the “Eggshell Plaintiff” Barbara Long, M.D., Ph.D., A.B.P.N. Employment law Title VII claims often include allegations of significant emotional distress allegedly caused by reportedly inappropriate remarks, touches, and other behaviors in the workplace.  When a supervisor, as opposed to a coworker, has been the alleged instigator of the reportedly offensive behavior, emotional distress claims...

Changes to Nation’s Employment Laws

Changes to Nation’s Employment Laws

Dorsey’s Analysis of Changes to the Nation’s Employment Laws The advent of the Obama Administration is likely to result (and already has resulted) in sweeping changes to federal labor and employment laws and, accordingly, the relationship between employers and their employees. As we approach the 100th day of the new Administration, we have compiled a user-friendly summary guide to several...

Sexual Harassment, Ancient Info, Quirky Question # 82

Sexual Harassment, Ancient Info, Quirky Question # 82

Quirky Question # 82: I am the HR director for a mid-sized company.  A number of years ago, one of our employees complained about sexual harassment from a senior executive in the Company.  We investigated and found corroboration for a number of her allegations.  The investigation also revealed that other employees had been mistreated by the executive. We addressed the...

Conflicts Between Religion and Other Discriminatory Prohibitions, Quirky Question # 58

Conflicts Between Religion and Other Discriminatory Prohibitions, Quirky Question # 58

Quirky Question # 58: I read with interest your last question about a company’s obligation to accommodate an individual’s religious beliefs, assuming that it would not cause an undue hardship to the employer.  We have a slightly different problem.  One of our employee’s religious beliefs would appear to be in conflict with our anti-discrimination prohibitions. Acknowledging the changing composition of...

Termination for Infertility Treatments, Quirky Question # 53

Termination for Infertility Treatments, Quirky Question # 53

Quirky Question # 53: I read with interest your Quirky Question # 46, regarding the issue of whether an employer can fire an employee for having an abortion.  I have a slightly different inquiry.  Could we fire an employee because of her infertility treatments?  I ask because we need to reduce our workforce slightly and one of the employees we...

Firing An Employee for Having an Abortion, Quirky Question # 46

Firing An Employee for Having an Abortion, Quirky Question # 46

Quirky Question # 46: We are a privately held company that runs a large software sales organization.  The family that started our company and that still dominates its executive ranks has conservative values.  Among those issues about which the owners feel strongly is the abortion issue.  They do not believe that women should have abortions under any circumstances. One of...

Sexual Harassment — Activities Outside the Workplace, Quirky Question # 32

Sexual Harassment — Activities Outside the Workplace, Quirky Question # 32

Quirky Question # 32: I am an attorney in the Law Department of an advertising agency.  I recently learned in a roundabout way that one of our female employees is a motorcycle enthusiast.  For the last few years, she has taken time off from work to attend the motorcycle rally in Sturgis, South Dakota.  This year, someone at work was...