Number 38: The Supreme Court Defines “Supervisor” for Employer Liability In hostile environment harassment cases under Title VII, an employer’s liability for the conduct of its employees depends on whether a supervisor or an individual contributor commits the wrongful acts. If a supervisor engages in the wrongful conduct, then in most cases the employer is…
Read More ›Number 4: In 1991, Congress Broadens the Law By the late 1980’s, the legal battles concerning employment discrimination had become increasingly mature and several cases had been decided by the United States Supreme Court favorable to employers. In the Civil Rights Act of 1991, Congress overruled several of those decisions and further expanded discrimination laws…
Read More ›Number 2: In 1972, The Law Expands and the EEOC Enters Litigation as a Party Title VII of the Civil Rights Act of 1964 obviously broke new ground but advocates of the law recognized the immediate need to expand its scope and authority. After three unsuccessful attempts and eight years, Congress passed the Equal Employment…
Read More ›After reading the Ted Wells investigation report of the Richie Incognito and Jonathan Martin matter, I had several reactions. Most focused on Incognito’s reprehensible and vile bullying of Martin, primarily aided by his two teammates, Mike Pouncey and John Jerry. After reflecting on the workplace environment that allowed such repeated atrocious conduct to occur, I…
Read More ›The conventional wisdom says that there are distinct challenges in managing Millennials (or Generation Y), defined as individuals between the ages of 18 and 32. The most common complaints from managers attribute a misplaced sense of entitlement, lack of loyalty, and inadequate communication skills to Millennials. The challenge for managers in the current workforce is…
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