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Showing posts with the label complaint

Stuffing Discrimination Complaints Into Thanksgiving? Feast on these Cases

Did you hear about the guy who went into a rage when he got the shorter end of the wishbone? He just snapped! In prior posts, I’ve described how Valentine’s Day and Halloween have been fowl holidays for employers.  Many a harassment or discrimination complaint has been based on those holidays. But what about Thanksgiving? Everyone loves it, right? Gobble gobble. A search for some cases was as easy as, say, pumpkin pie.  And yes, there are aspects of this holiday that have led to lawsuits: In 2015 and 2016, federal courts rejected claims of discrimination by an Hispanic Customs and Border Protection Officer who was forced to work on Thanksgiving, while allegedly junior and non-Hispanic officers did not.  The court mashed that small potatoes argument up saying there was no evidence that he was treated differently because of a protected characteristic. The denial of vacation around Thanksgiving was also used in an over-stuffed argument but the court quickly melte...

Sexual Harassment Prevention Lessons from the Television’s “Survivor”

First off, let me dispense with the elephant in the room — Yes, the show “Survivor” is still on the air and yes, I haven’t missed any of the 39 seasons of it. In fact, I shared lessons that employers could learn from Survivor way back in 2010. Last week’s episode of Survivor, however, brought far more reality than most would think a “reality show” could or should bring. There’s a lot of nuance to the episode that a short blog post can’t get into (though this podcast by Rob Cesterino gives it a try), but the show’s episode revolved around legitimate sexual harassment claims, using harassment claims for nefarious purposes, and bystander syndrome. And it was ugly. Really ugly. Why?  Here are a few things that stood out to me from an employment perspective: First, a female player (Kellee) complained to a producer that another male player (Dan) was a little too “touchy” and made her feel uncomfortable. To be sure, t...