Category Archives: Sexual harassment

The EEOC Disapproves Mandatory Confidential Investigation Instructions

The Equal Employment Opportunity Commission has taken a position similar to the National Labor Relations Board.  The EEOC notified an employer that it considers  enforced secrecy during internal harassment investigations to be unlawful.  The NLRB similarly discourages an instruction to maintain confidentiality, finding that it tramples on employees’ rights to discuss their terms and conditions...
Read more

The Supreme Court will Face a New Sexual Harassment Issue

The new term for the Supreme Court, beginning in October, will include a case about when a company is liable for a supervisor’s sexual or racial harassment.  The Supreme Court agreed on Monday to decide the following question: Issue: Whether the “supervisor” liability rule established by Faragher v. City of Boca Raton and Burlington Industries, Inc....
Read more

Fourth CIrcuit Emphasizes Necessity of Complaining about Sexual Harassment

The Fourth CIrcuit yesterday reinstated an employee’s sexual harassment case after it had been dismissed by the trial court.  Carla Dulaney sued her former employer after her termination, complaining of sexual harassment.  Dulaney’s shift supervisor demanded sex from her.  From time to time, she did have sex with him in the workplace, though it could...
Read more

Workplace Ethics Change as the Economy Rises and Falls

The Ethics Resource Center issued its biannual report on the prevalence of misconductin American companies.  Two counter-intuitive findings stood out for me: One found that in bad economic times company ethics improved, while the reporting of misconduct rose.  The study found that pressure to engage in unethical behavior is more rampant.  Likewise, retaliation against...
Read more