Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

October 24, 2017 0 COMMENTS

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered “protected activity” under Title VII of the Civil Rights Act of 1964 and a myriad of other federal and state employment laws.  Hand holding protest sign

Under limited circumstances, however, an employee’s protests may cross the line from protected opposition to unprotected disruption. Specifically, an employee who engages in loud, unreasonable, and disruptive protests at work, even though the action is borne out of an attempt to protest alleged unfair treatment or discrimination, isn’t protected by Title VII. Rather, only reasonable opposition and reasonable protests are considered protected activity. read more…

Olympics and the power of positivity and unity

August 15, 2016 0 COMMENTS

They did it again. The Olympics sucked me in. I am an admitted hard core sports fan when it comes to my professional teams, but like most people I’m not usually watching swimming, beach volleyball, or [fill in the blank with virtually any other summer Olympic sport] in my free time. However, I always get captivated by the Olympics, and this summer’s Olympics in Rio is no different.  Excited group of runners with medals

Watching U.S. swimmers Michael Phelps, Simone Manual, Katie Ledecky, and many more achieve success in historic fashion had me on the edge of my seat. I haven’t screamed words of encouragement at my TV that much since Ramsey Bolton got his comeuppance in Game of Thrones this past season.

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Exercise Aniston-esque restraint when analyzing offensive employee posts

February 22, 2016 0 COMMENTS

by Ed Carlstedt

This week’s employment law lesson comes to us from the movie Horrible Bosses. In the movie, Julia (played by Jennifer Aniston) is a dentist who employs dental assistant Dale (played by Charlie Day). After Julia uses her boss status to torture and torment Dale for most of the movie, Dale finally records her improprieties and delivers to her the following long-overdue payback speech:

This is what’s gonna happen. I’m going to take a two-week-long, very expensive holiday with my fiancée. Let’s call it a honeymoon. And YOU’RE going to pay for it! Then I’m going to return to a nice, rape-free workplace from now on. Because if you so much as LOOK at my sexy little a**, Julia, I will have yours locked the f*** up you CRAZY B**** WH***! Man, that felt GOOD!

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