Save the white males!

December 05, 2013 - by: Brian Kurtz 6 COMMENTS
Brian Kurtz

For decades the most heated gender-related dispute in the world of Archie Comics wasshutterstock_91545035 whether Archie was more into Betty or Veronica. But a recent lawsuit by five white male executives of Archie Comics against the company’s female co-CEO is enough to whiten Reggie Mantle’s hair.

The five men (and one woman) allege that Nancy Silberkleit engaged in a lengthy pattern of harassing, bullying, and demeaning conduct, including referring to each male employee simply as “penis.” For example, the complaint alleged that Silberkleit once interrupted a meeting, pointed at each of the four men present, and said “penis, penis, penis, penis.”  The complaint, filed in the Supreme Court of Westchester County, New York, alleges gender discrimination under the New York State Human Rights Law and asserts various state law causes of action.

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Parks and relationships

October 18, 2013 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

As an avid Parks and Recreation fan, I cannot help but love the chemistry between newlyweds Leslie Knope and Ben Wyatt. Long before they were joining their dysfunctional families via a wedding with a punch heard round the world and a unity quilt (complete with a patch dedicated to waffles, of course), these two were navigating the complicated minefield of an office romance. Like a number of employers, the fictional City of Pawnee had enacted a policy against workplace dating, which posed a serious obstacle for Leslie and Ben’s budding romance.  Clearly this story had a happy ending for the two lovebirds, but unfortunately that is not always the case in the real world where workplace romances all too often lead to messy litigation.

While there are countless cases of one party to a soured office romance later accusing a coworker of sexual harassment and denying that the relationship was ever consensual (particularly where the accused had supervisory authority over the accuser), there are also cases of non-parties to the romance attempting to file suit under a variety of creative theories. For example, in a case out of Texas, two employees entered into an extramarital affair. Their spouses decided to sue the company for negligently interfering in their familial relationships by failing to take action to prevent the affair. The case eventually went to the U.S. Supreme Court, which found in favor of the employer and helped establish that employers generally aren’t liable for failing to prevent office liaisons.

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Equal opportunity offender

September 20, 2013 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

No discussion of the film Horrible Bosses is complete without covering Kevin Spacey’s character, David Harken. Although he is arguably the most intimidating and even frightening of the three horrible bosses (two of which I covered in earlier posts, #1 and #2), his workplace conduct gives rise to the lowest litigation value from an employment law perspective. Unfortunately for Harken, his jealousy combined with his unhealthy marriage ultimately lead him to a life of violent crime outside the office and his final downfall. For the purposes of this blog entry, we will focus on Harken’s workplace conduct and leave his more colorful personal life for your enjoyment at home with a tub of popcorn.

In the film, Nick Hendricks (played by Jason Bateman) has good reason to detest Harken. After dangling a possible promotion in front of Hendricks and watching Hendricks work tirelessly to meet Harken’s extremely high (and often inconsistent) expectations , Harken proceeds to award the promotion to . . . himself.  He then commences construction on an even larger office for himself.  Hendricks is understandably upset about this strange turn of events. Sadly for Hendricks, “unfair” and even “bizarre” do not equate to “unlawful.” In addition, case law has clearly established that federal employment laws aren’t general civility codes for the American workplace.

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Workin’ it in the library

July 25, 2013 - by: Jaclyn West 0 COMMENTS
Jaclyn West

It’s summertime, and the reading is easy. (For many, that is. There are some who like to take advantage of long beach days with a tome they otherwise wouldn’t have time to read; to them, we say more power to you!) As a bookworm, I’m always looking for a good read to take with me, whether that’s to the beach or otherwise—although I do prefer the beach. And as a proud employment law geek, I love it when my pleasure reading gives a nod to my chosen profession. So if you, too, like your summer reading to dish out a generous portion of human resources (I can’t be the only one, now, can I?), here are some of my personal favorites.

Fiction
Then We Came to the End: A Novel by Joshua FerrisThen We Came to the End was described to me as “Office Space in book form,” and I have to say, that description is apt. The book chronicles a group of employees in a Chicago advertising firm facing deep staffing cuts. It’s narrated in the first-person plural, which is an interesting, little-used perspective, and as a result, it honestly captures the group dynamics of many offices. This dark comedy manages to be simultaneously sad and funny . . . and anyone who has ever looked with an envious eye at a coworker’s office furniture will blush with recognition.

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