Harassment

A Guide to Workplace Bullying

Bullying is an all-too-common workplace issue. And if reports are correct, it seems to be on the rise. Workplace bullying is one of the most damaging issues for any organization, as it can affect employee productivity, financial performance, and brand strength. On top of that, there’s no moral justification for letting it happen. Employees deserve …

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Meet the Warehouse Worker Who Took On Amazon Over Inhumane Conditions and Harassment

Hibaq Mohamed has worked for Ama­zon near­ly as long as she’s been in the Unit­ed States. In 2016, the twen­ty-some­thing Soma­li immi­grant land­ed in Min­neso­ta by way of a refugee camp, join­ing one of the largest East African com­mu­ni­ties in the coun­try. She soon joined the legion of work­ers who fuel the state’s main Ama­zon facil­i­ty, the …

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“So Bad I Had to Quit”: Understanding Constructive Discharge

When is a resignation not considered a voluntary act?  When it is unlawfully coerced or the only escape from an intolerably hostile work environment? A finding of “constructive discharge” is essentially the same as wrongful termination. The person technically quit but for all practical purposes they were pushed out. Federal employees alleging constructive discharge have …

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Former Houston Texans cheerleaders sue team over low pay and harassment

Five former Houston Texans cheerleaders are suing the NFL team, claiming they weren’t paid for many hours of work and were subjected to intimidation and harassment on the job. “We were harassed, bullied, and body shamed for $7.25 an hour,” former cheerleader Ainsley Parish said at a press conference Friday. The women, who are represented …

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What Do Roger Ailes & Charlie Sheen Have in Common? Both Wanted to Hide Alleged Abuse of Women

Last week, longtime Fox News anchor and host Gretchen Carlson filed a lawsuit against Roger Ailes, the chairman of Fox News, alleging that he sexually harassed her in the workplace. Within a day, Ailes and his lawyers asked a court to force the case into arbitration, under a special gag order that would block anyone …

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“Bow at the Altar . . . of Political Correctness”

Gender stereotyping claims, meet the super-manly world of ironworkers – men’s men. Macho men. Masculine men. What “real men” should be (you get the idea). In EEOC v. Boh Brothers Construction Co. (opinion here), the Fifth Circuit, sitting en banc, provided us with 68 pages of analysis on same-sex gender stereotyping harassment. Let’s start with the harassing …

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Workplace Bullying vs. Workplace Harassment: Is There a Difference?

Back when my workplace nightmare first began in 1992, during an 11-year tenure at New York City Transit that ended in termination on the heels of a hard-fought federal court victory, there was no such thing as “workplace bullying”.  Bullying – or at least the term – was reserved for what one mean-spirited kid did …

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A Post-Brinker Victory for Employees: Bradley v. Networkers International, LLC

In the aftermath of the California Supreme Court’s landmark decision in Brinker Restaurant Corp. v. Superior Court(2012) 53 Cal.4th 1004 (Brinker), employers and non-exempt employees are still hashing out the implications of the clarified meal and rest period requirements.  In April, Bryan Schwartz Law discussed the implications of that case on this blog, which can be found …

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.