GitHub Employee Takes to Social Media After Internal Complaint of Harassment and Sexism Not Addressed Satisfactorily

Eighty-four percent of employees who report a compliance concern outside their company first reported the concern internally.  It was only after the employer failed to address the concern satisfactorily that the employee reported the concern to a third-party outside the … Continue reading

Former KY State Rep John Arnold and Other Elected Officials May Face Personal Liability for Alleged Retaliation

Kentucky attorney Thomas Clay, who represents the two women who claim former Kentucky state representative John Arnold sexually harassed them, says that Mr. Arnold’s resignation does not end the matter.  Mr. Clay is not satisfied with the internal investigation conducted by … Continue reading

“My Disability Made Me Do It,” Seems to Say The San Diego Mayor: Sexual Harassment vs. Disability Discrimination

  Whew!  The San Diego Mayor’s saga of harassment allegations, dogged determination to stay in office, and recent completion of in-patient treatment could make an employment attorney’s head spin! It’s definitely provided sufficient fodder for any number of scenarios for employment attorneys … Continue reading

Sexual Harassment and “Love Contracts” — Office Romance to Paperwork!

Concerned about sexual harassment charges, employers are wary of cupid’s arrow this Valentine’s Day and some of them are turning to “Love Contracts” or in lawyer terms – a Consensual Relationship Agreement.  A Consensual Relationship Agreement is an effort to … Continue reading

Workplace Investigations: The Employee’s Lawyer’s Perspective

How do lawyers who represent employees decide which of the employees who contact them to represent?  According to Nina Pirrotti, an attorney with Garrison, Levin-Epstein, Richardson, Fitzgerald & Pirrotti, P.C., one of her “first lines of inquiry in evaluating a … Continue reading

Seven Tips for Selecting an Investigator to Conduct A Fair, Unbiased and Professional Workplace Investigation

I spoke this week at the HR Star Conference here in Atlanta and at the conference had a great discussion with some HR professionals on the importance of conducting fair, unbiased and professional workplace investigations.  One of the HR managers … Continue reading

Employer’s “Shockingly Thin” Investigation into Anonymous Harassment = $3.5 Million in Punitive Damages

The recent reinstatement of a $3.5 million award of punitive damages by the United States Court of Appeals for the Seventh Circuit highlighted the importance of responding promptly, thoroughly and fairly to employee complaints of harassment, even where the harassers … Continue reading

“First, Do No Harm” – A Call For NLRB and EEOC Guidance

In reflecting on the proper role of confidentiality in workplace investigations following the Banner Estrella Medical Center NLRB decision, I am reminded of the fundamental principle all medical students are taught – “First, do no harm.”  This principle is a … Continue reading