When the floodgates open, expect water at your doorstep

November 13, 2017 - by: David Kim 0 COMMENTS
David Kim

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no intention of reiterating any of the excellent points Kristin covered in her piece, it would be ignoring the obvious not to say that a lot has transpired since that breaking news story.

Virtually every day since then, additional allegations of sexual harassment and misconduct have been made against prominent public figures. Not just individuals in Hollywood (which include everyone from executives, producers, writers and actors), but also against politicians, publishers, and editors from various media organizations, news contributors, restaurateurs, and a slew of others. On top of these serious allegations, numerous individuals (both public figures and “regular” individuals like you and me) have used social media to share their own stories or harassment, not only sexually based but also other forms of harassment and bullying within the workplace.

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Workplace romances: Do they ‘Suit’ your company?

November 07, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

Like almost everyone I know, I love the ability to binge-watch television series these days. In fact, it is a rare occurrence that I ever watch any show at the time it actually airs. (This Is Us is a notable exception for me.) Instead, I enjoy delving into these characters’ lives several hours at a time. One such show that I am currently gorging on is Suits, which is in its 7th season and airs on the USA NetwBusinesswoman Receiving Red Rosesork. A fellow attorney recommended this show to me, but I was reluctant at first, as I often shy away from legal programsI have practiced law for almost 20 years and television should be an escape for me, right?!

For those who have yet to watch Suits, the premise is as follows: Harvey Specter is a Harvard-educated attorney at a top Manhattan corporate law firm where every case is high-stakes. He hires a brilliant associate, Mike Ross, who had falsified his background to state that he has graduated from Harvard Law School. The truth is, Mike never even graduated from college, much less law school. However, Mike possesses such a talented legal mind that Harvey keeps him on at the firm anyway. (This “falsification of workplace documents” issue involving Mike could certainly be a topic of a future blog….) While working at the firm, Mike falls for a co-worker, Rachel Zane, who is a paralegal. In her role as a paralegal, Rachel “reports” to Mike on many of the cases they handle. Mike and Rachel begin a relationship, secretly at first. Then, other co-workers at various levels learn about the relationship. While this all makes for great television, workplace romances can create headaches when they pop up in our real workplaces.

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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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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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Mila Kunis’ open letter on gender bias at work

November 29, 2016 - by: Katie O'Shea 0 COMMENTS
Katie O'Shea

Many people know actor Mila Kunis for her role in the TV series “That ’70s Show” and her film roles in Forgetting Sarah Marshall and the drama Black Swan. Kunis has recently been in the headlines for her open letter on sexism in Hollywood and the workplace entitled, “You’ll Never Work in This Town Again…” originally posted here.Accusation. Sad woman looking down fingers pointing at her

In the letter, Kunis discusses some of her personal experiences, including being told by a producer that she would never work in Hollywood again after she refused to pose semi-naked on the cover of a men’s magazine to promote a film. Kunis explained that she felt objectified and that the threat that her career would suffer because of her refusal embodied the fear that many women face with gender bias in the workplace. She explained her view about how many women feel–that if they speak up against gender bias, their livelihoods will be threatened. Because of her career success and financial ability, Kunis explained she is fortunate to be in a position where she can stand up against gender bias and bring it to light when she experiences it, but recognized that many women may not be able to do so.

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Fire Harry Crane

April 16, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

Mad Men can be tough to watch for an employment lawyer. I was thinking of this while watching the show’s most recent episode, “New Business.” In a particularly cringe-worthy scene, Harry Crane propositions Megan under the pretense that he can help get her acting career back on track. Harry is a buffoon and a jackass, and I wondered if he was exposing the firm to potential liability. iStock_000051863008_XXXLarge

There is precedent for the theory that an employee who harasses a third party can expose his employer to vicarious liability. Twenty-five years ago, a New York trial court  famously found that a model was sexually harassed by Penthouse Enterprises, which, among other things, required her to engage in sexual activities for the benefit of the company’s business. In that case the model was quasi-employed by Penthouse, but the court pointed out that the conduct constituted intentional infliction of emotional distress as well as sexual harassment.

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