Halloween at work: Don’t get BOOed by your employees!

October 30, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

Halloween can be such a fun holiday for kids of all ages. When October 31st falls on a weekday, as it does this year, ghoulish fun will certainly creep its way into the workplace. How can you, as a human resources professional, ensure that the day is more fun than it is scary? Simple. Just follow a few rules.Halloween theme 3

1: Make any Halloween office festivities totally voluntary

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Think before you joke so you don’t have to litigate what’s ‘funny’

October 16, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

Studies show that laughing boosts immunity, eases anxiety and stress, improves mood, decreases pain, and can even prevent heart disease. Socially, laughing strengthens relationships. In addition to the value of humor in our personal lives, we cannot underestimate the power of humor at work. Humor aids in learning and memory retention, increases our ability to persuade others, and helps us to diffuse conflict. Distilled to its most simplest terms: Laughing feels good, and because of this, we enjoy being aroundand actually seek outpeople who make us laugh, not just in our personal lives, but also at work.  Businesspeople laughing in conference room

But, beware: Not all humor is appropriate in the workplace, both in content and in the context in which it is used. Humor can alienate people and constitute unlawful conduct. In his new memoir, Giant of the Senate, Senator Al Franken explained his initial deliberate decision to be “unfunny” following his lengthy career in comedy in order to be taken seriously during his Senate race and his tenure in office. He discussed his frustration when old jokes from his comedy career were resurrected by his political opponents during his first Senate race, which were taken wholly out of context during his campaign. When he tried to explain the context of one of his jokes to reporters and how it was funny, the humor did not translate and became publicly embarrassing for him.  It was then that he learned a valuable lesson about politicsYou can’t litigate a joke.” Because, as he reasoned, “when you’re explaining, you are losing.

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Harvey Weinstein: beauty and the beastly mogul

October 12, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Over the last week, the fallout from a New York Times article regarding Harvey Weinstein has been swift and significant. On October 5, the Times published an explosive story about Hollywood producer and media mogul Weinstein’s alleged sexual harassment spanning decades. More and more women have been coming forward since the story broke to accuse Weinstein of unwelcome sexual advances and sexual assault during his time at Miramax and the Weinstein Company. The Times quoted Weinstein as stating, “I appreciate the way I’ve behaved with colleagues in the past has caused a lot of pain, and I sincerely apologize for it. Though I’m trying to do better, I know that I have a long way to go.”  Stop Sexual Harassment red stop sign held by a female

According to the Times, Weinstein has reached settlements with at least eight women over the years, and his former attorney, Lisa Bloom, has described him as “an old dinosaur learning new ways.” The growing list of allegations stands in stark contrast against Weinstein’s public image as a liberal, humanitarian, and champion of women. The Times quoted Ashley Judd as saying, “Women have been talking about Harvey amongst ourselves for a long time, and it’s simply beyond time to have the conversation publicly.”

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Magnum, SMH

September 20, 2017 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Who could possibly sully the sainted memory of Thomas Magnum, fictional private investigator and iconic 1980s bon vivant? All 45 of these guys, apparentlyMan partying

Here’s a quick hit in case you don’t want to follow the link: Bachelor partygoers decided they would take in a baseball game in Detroit between the Tigers and the Chicago White Sox. All 45 partiers (if only I were so well-liked) dressed as television’s best-known Detroit Tigers fan, Magnum, P.I. The fellows must have left their Higginses behind because they weren’t on their best behavior (hijinks during a bachelor partyperish the thought!). Eventually, the Tigers brass kicked all 45 Tom Selleck doppelgängers from Comerica Park.

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Baseball purists

December 13, 2016 - by: Matt Gilley 0 COMMENTS
Matt Gilley

“Puritanism: The haunting fear that someone, somewhere, may be happy.”

-H.L. Mencken

This post may not be the usual finger-wagging scold you may have come to expect from an employment lawyer. I’m confident, though, that this blog’s audience of fellow practitioners and human resource professionals will take a little solace in it. After all, it’s no fun to be a killjoy and we are thrust into that role more often than we’d like.  Young male baseball referee blowing a whistle

Why? Because potential liability under the employment laws too often compels us to manage to the lowest common denominator.

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Peter Dinklage takes on Elf

December 05, 2016 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

It’s December, which means that those of us holiday fanatics can decorate and watch Christmas movies to our hearts’ content without shame.  Of course, I won’t tell anyone if you already had your tree up in November (like me) or if you never took it down from last year.  One of my favorite Christmas movies is Elf, starring Will Ferrell.  It is surprisingly packed with various employment law issues, such as employee substance abuse at work, sexual harassment, and workplace violence.  In one of the more memorable scenes, Peter Dinklage’s character, Miles Finch, demonstrates how good intentions can still lead to a harassment complaint.  Facepalm, retro disappointed man slapping forehead, d'oh!

As background, Will Ferrell’s character, Buddy, has been raised as one of Santa’s elves and only recently learned that he is actually human. He has tracked down his biological father, who works for a children’s book publisher in New York City. Unaccustomed to the human world and innocent to its realities, Buddy has difficulty adjusting to life in the Big Apple and working in his father’s office.

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Success through rudeness and hostility

June 08, 2016 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Silicon Valley’s third season is in full swing on HBO, which raised a question in my mind: if Michael Scott’s Dunder Mifflin warranted an entire blog from the FordHarrison crew, isn’t the Hacker Hostel’s Erlich Bachman at least due his own post?Silicon Valley

My answer: Of course he is!

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Donald Trump will win (a Title VII lawsuit)

July 20, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

This is an entertainment-centered blog and therefore as good a place as any to discuss Donald Trump. By now you are surely aware of the nuanced approach Trump took toward U.S.-Mexico immigration policy in his presidential bid announcementDonald Trump

“When Mexico sends its people, they’re not sending their best. They’re not sending you. They’re not sending you. They’re sending people that have lots of problems, and they’re bringing those problems with us. They’re bringing drugs. They’re bringing crime. They’re rapists. And some, I assume, are good people.”

If you are of Mexican national origin, that stings. If you are of Mexican national origin and are employed at Trump Plaza, or at the Trump Taj Mahal, or work on the Miss USA Pageant broadcast, you may be asking yourself whether Trump’s remarks could give rise to a discrimination or harassment lawsuit under Title VII of the Civil Rights Act of 1964. read more…

The naked truth about nude celebrities in your workplace

November 17, 2014 - by: Andy Tanick 2 COMMENTS
Andy Tanick

Celebrities lately seem to be having a hard time keeping their clothes on.

Whether it’s one of the Kardashian sisters baring her bottom or Keira Knightley baring her bosom, you can hardly look at any social media site these days without being assaulted by celebrities in various degrees of naked-idity, as Radar O’Reilly once called it. While the exhibitionism has recently arisen mainly among the ranks of female celebrities, there has been no shortage of male body parts on display in recent years, what with NFL quarterbacks, New York politicians, and others seemingly unable to resist the urge to use their smart phones to do dumb things.  NSFW

All of which raises an interesting employment law issue: How does a company’s policy against sexual harassment deal with conversations that employees might have about current events, when those events can at times be sexually charged? If an employee forwards the Kardashian photo to a co-worker, is he violating the policy? What if he merely references the photo as further proof (as if we needed it) that nothing Kardashian-related has any redeeming social value? What if several coworkers engage in a spirited intellectual debate about the statement of female empowerment that Knightley claims she was making with her revealing photo?

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Trash talk or abuse? NFL debates banning the N-word

March 16, 2014 - by: Josh Sudbury 1 COMMENTS
Josh Sudbury

In any other NFL offseason, with the hype over combine results all over the television and free agency in full swing, it’s likely many football fans might not notice the NFL Competition Committee meeting in the background. But this year, the committee is making news as it mulls over a controversial potential new rule that could result in individual players being penalized for using the N-word. The potential move is another effort by the NFL to clean up its image in the wake of scandals such as the Richie Incognito/Jonathan Martin scandal that surfaced during last season.shutterstock_10634185

The debate over the new rule has brought about opposition from at least a few current NFL players, such as Seattle cornerback Richard Sherman, who told Sports Illustrated’s Peter King that banning the N-word is “an atrocious idea,” adding that he feels its “almost racist” for the league to target only one word. Sherman stated that the N-word is present “in the locker room and on the field at all times” and that he hears it “almost every series out there on the field.” Free agent linebacker D’Qwell Jackson sees it a different way. According to King, Jackson told him he feels the rule would be great for the game, assuming the NFL could get it implemented, although he noted that enforcing the rule could prove difficult. As King’s article points out, the penalty’s stigma could be significantly more far-reaching than the yards assessed: read more…

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