After an employee has suffered from discrimination, sexual harassment, or unlawful retaliation in the workplace, one of the immediate key issues is whether they should report the issue to their employer. This is a critical issue and one that must be handled properly to ensure a positive outcome for the employee. While each employer is… Read More
EEOC Files Sexual Harassment Case against Alabama Company
On September 26, 2018, the Birmingham, Alabama EEOC office filed a lawsuit against Sys-Con, LLC (“Sys-Con”) based on allegations of sexual harassment that took place at the Montgomery, Alabama Hyundai plant. The complaint alleged that two female employees were sexually harassed by their male supervisor. The female employees claim that a Sys-Con supervisor repeatedly pressured… Read More
Physician Sexual Misconduct
There have been a number of recent national headlines involving physicians and other professionals who have been engaged in sexual harassment and even sexual abuse of employees and patients. This trend is alarming as physicians are placed in a position of trust in some of our most vulnerable interactions. Alabama is one of a minority… Read More
Lax Vetting Allows Harassers to Thrive in the Legal Industry
Much like in other industries, law firms are not immune to sexual harassment. Unfortunately, law-firm management can be reluctant to discipline partners who are accused of sexual harassment especially if they generate big revenue for the firm. Many times, harassers are in powerful positions making it unlikely that the harassment will be reported and even… Read More
How do I know if I have a sexual harassment case?
There is not a prescribed list of things that constitute sexually harassing behavior; however, there are a number of factors to consider in making the determination for whether behavior constitutes actionable sexual harassment. To establish actionable sexual harassment, the conduct must be “unwelcome.” In Henson v. City of Dundee, the 11th Cir. explained that conduct… Read More
Quid Pro Quo Sexual Demands
Sexual harassment under Title VII is harassment that is sufficiently severe or pervasive to affect a term, condition, or privilege of employment. Harassment can meet this standard when a condition of employment is clearly tied to sex, also known as quid pro quo harassment. For example, if a supervisor uses expressed or implied threats to… Read More
Reputation v. Character – Why that question matters in employment law.
John Wooden, one of the greatest coaches of all time, was famously quoted saying that “your character is what you really are, while your reputation is merely what others think you are.” Often times companies and individuals running those companies are obsessed with their “reputation.” They spend substantial amounts of money and time cultivating an… Read More
Vicarious Liability: Can My Employer Be Held Liable?
In many cases, clients wonder whether or not their boss or company can be held liable for the transgressions of the co-worker or supervisor who harmed them. Under the theory of respondeat superior, in order to establish vicarious liability between an employer and the actions of their worker, the plaintiff has to prove that there… Read More
“Weinstein Effect” causing victims of sexual harassment to come forward
Our firm has noticed a substantial increase in the number of contacts we have received regarding sexual harassment claims over the past few weeks. It is impossible to discount the fact that more and more women are refusing to accept sexual harassment in the workplace as a result of the nationwide stories that are trending.… Read More
What would you do if Harvey Weinstein was sexually harassing you?
Recent news headlines about Harvey Weinstein, the Hollywood mogul accused of sexual harassment and sexual abuse by multiple actresses, is a reminder of the use of power to discriminate and harass in the workplace. It has taken years for Mr. Weinstein’s behavior to come to light due to his powerful position in the industry and… Read More