I’m quoted by Ben Brody in this month’s Westchester Magazine in an article about fear of harassment charges in the workplace.
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Posts tagged as:
harassment law
Boston lawyers recall a very strange sexual harassment lawsuit in which the defendant’s CEO “wore a different Halloween costume to each day of his [six-day] deposition”. [Zach Lowe, AmLaw Daily]
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- California: “Feds Say Lawyer Took Bribe to Encourage Client to Lie in Immigration Case” [NLJ]
- “Before you celebrate [the] seemingly wise anti-litigation statement [of the "Skanks in New York" blogger], take note that she’s suing Google…” [Althouse, earlier here, here, etc.] Dispute is female-vs.-female, but feminist lawprofs inevitably spot gender discrimination [Citron, ConcurOp; Greenfield]
- “Ousted members of Florida chess board sue to reclaim their volunteer positions” [St. Petersburg Times]
- Man freed after serving 22 years on dubious child abuse charges, but prosecutor who went after him is doing fine [Radley Balko, Reason "Hit and Run", Bernard Baran case, Massachusetts]
- Khalid bin Mahfouz, plaintiff in celebrated “libel tourism” case against Rachel Ehrenfeld in England, is dead at 60 [Wasserman/Prawfsblawg]
- Colorful University of Connecticut law professor lands in a spot of bother again after girlfriend’s arrest [Above the Law]
- Federal judge says prosecutor in Chicago U.S. Attorney’s office allowed witness to testify falsely [WSJ Law Blog]
- Deja vu? “‘Seinfeld’ joke gets man canned for harassment” [Des Moines Register, earlier Wisconsin case; & see Ted's caveat in comments]
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At least that’s the advice one lawyer gave in a speech to the annual convention of SHRM, the human resources managers’ group. [HR Daily Advisor citing Jonathan Segal of Duane Morris, via Hyman]
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- Tiananmen Square events echo today in acrimonious defamation suit against filmmakers [Boston Globe]
- Andrew Ferguson disrespectful toward David Kessler’s nanniferous book on obesity policy [Weekly Standard]
- “Yes, People Dislike The RIAA Because Of Its Actions” [TechDirt]
- The big difference race makes in medical school admissions [Discriminations, Mark Perry/Carpe Diem]
- Texting, workplace flirtation and sexual harassment law [Forbes/MSNBC]
- After real estate firm grabs and uses online pic, photographer finds satisfaction through small claims court [West Seattle Blog h/t @VBalasubramani]
- Virginia: latest case seeking to open emotional-distress damages for death of pets gets help from former White House counsel Lanny Davis [WaPo, earlier]
- Brazil police allege that host of true-crime TV series ordered killings to ensure good footage for the show [AP]
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Electronic Arts surely has better lawyers than the ones who signed off on this contest (h/t cirocco), which merely asks for a standard grip-and-grin photo, but can be read to require photos of “acts of lust” upon booth models. And that’s not even taking account of the Alfred Ravas of the world, since Comic-Con is in San Diego, and thus subject to the Unruh Act…
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The Eleventh Circuit has agreed to reconsider its decision last year allowing an offended employee to sue for sexual harassment over crude sexual language not directed at her, among the sources of which was a Birmingham morning talk show. [CEI "Open Market", Fulton County Daily Report, Eugene Volokh; our earlier report]
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Ken at Popehat is telling stories out of school, here and here. P.S. And the wrap-up.
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Chicago attorney Corri Fetman won a secure place in the Tasteless Lawyer-Ad Hall of Fame with her firm’s billboard showing a temptress and muscleman with the slogan: “Life’s short. Get a divorce.” She parlayed that fame into a spot as “Lawyer of Love” columnist (and subject of undressed photography) for the magazine Playboy. Now she’s suing, alleging she was sexually harassed and later deprived of her column by a lascivious executive at the publication. Her suit charges, among other things, “gender violence” and emotional distress.
Fetman lost her focus at work, grew depressed and anxious and sought medical care, [attorney Timothy] Ashe said. “Everybody has a breaking point,” he said. “She is not an overly sensitive person.”
[Chicago Tribune via Obscure Store].
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The California state bar has charged San Francisco attorney Philip Kay, famed for sexual harassment lawsuits, “with turning two cases before three San Diego judges into three-ring circuses by repeatedly impugning court orders and caustically accusing the judges of misconduct in front of jurors. Prosecutors also claim Kay entered into an illegal fee-splitting agreement in his most high-profile case — a sexual harassment suit against mega-law firm Baker & McKenzie that in 1994 resulted in a $6.9 million San Francisco jury award for his client, former legal secretary Rena Weeks. (The judgment was later reduced to $3.5 million.)” The title quote is from San Diego judge Joan Weber, and refers to Kay’s conduct in a sexual harassment suit against Ralphs Grocery. (Mike McKee, “Famed Plaintiffs Lawyer Faces Bar Charges Over Conduct”, The Recorder, Dec. 5).
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- In unpublished opinion, California appeals court upholds dismissal of Unruh Act challenge to baseball Angels’ Mothers Day tote giveaway [Lex Icon, earlier]. More: CalBizLit.
- Securities class-action firm Bernstein, Liebhard & Lifshitz perhaps a less credible tribune of fiscal rectitude now that name partner Mel Lifshitz has copped felony plea to lying on federal taxes [NY Post, NYLJ, WSJ law blog] And what’s this about Lifshitz funding one of his firm’s clients? [The Street] P.S. He’s now departed the Bernstein firm, but maybe there’s an opening for him as chairman of House Ways and Means.
- Per one lawyer, “would be a stretch” for website operator to be held liable for teen’s overdose suicide with webcam running [AP]
- Carter Wood finishes up weeklong series of posts looking back on the great 1998 tobacco settlement [ShopFloor links to PoL]
- Eric Holder not a reassuring Attorney General choice for gun rights [Kopel @ Volokh]
- Law bloggers on Twitter: Anne Reed explains what the fuss is about [Deliberations; related, Michelle Golden]
- Compulsory chapel? UC Irvine Prof. Alexander McPherson, who quit supervising students rather than submit to state-mandated sexual harassment training, explains his stand [L.A. Times] Lefty blogs once again empty a bucket over his head [Feministe, Lemieux]
- Presumably unrelated: “Law Grad Accused of Faking E-Mail to Implicate Prof in Harassment” [ABA Journal, Florida Coastal]
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- Time for another aspirin: Harvard Law’s Charles Ogletree, key backer of lawsuits for slave reparations, mentioned as possible Attorney General [CBS News, BostonChannel WCVB, Newsweek; earlier speculation about post as civil rights chief]
- Calif. law requires supervisors to attend sexual harassment prevention training, a/k/a sensitivity training, but UC Irvine biologist Alexander McPherson says he’ll face suspension rather than submit [AP/FoxNews.com, On the Record (UCI), Morrissey, Inside Higher Ed, OC Register; ScienceBlogs' Thus Spake Zuska flays him]
- Fan “not entitled to a permanent injunction requiring American Idol singer Clay Aiken to endorse her unauthorized biography” [Feral Child]
- Local authority in U.K. orders employees not to use Latin phrases such as bona fide, e.g., ad lib, et cetera, i.e., inter alia, per se, quid pro quo, vice versa “and even via” [via -- uh-oh -- Zincavage and Feral Child]
- Participants in 10th annual Boulder, Colo. Naked Pumpkin Run may have to register as sex offenders [Daily Camera, Obscure Store]
- Joins drunk in car as his passenger, then after crash collects $5 million from restaurant where he drank [AP/WBZ Boston, 99 Restaurant chain]
- Election may be over, but candidates’ defamation lawsuits against each other over linger on [Above the Law, NLJ]
- School nutrition regs endanger bake sales, but they’ll let you have “Healthy Hallowe’en Vegetable Platter” instead [NY Times]
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We didn’t make this up. Really, we didn’t. Well-known Loyola lawprof Laurie Levenson is listed among those involved. (via Above the Law).
More: AmLaw Litigation Daily suggests some spinoffs, including “Pat: For Women in Sexual Harassment Litigation.”
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Hallowe’en party advice from employment lawyers. (Tresa Baldas, National Law Journal, Oct. 31).
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Earlier this year Ted wrote an item titled “Implausible defense department” about American Apparel founder Dov Charney’s efforts to explain away jaw-droppingly colorful facts in the latest of the multiple sexual harassment complaints he has faced. The sequel is worthy of what has gone before: it appears that Charney faked an agreement to send the case to arbitration to conceal a deal in which he agreed to settle the claim for $1.3 million. The deal later fell apart and the case is headed back for (presumably genuine) litigation. (On Point News, Workplace Prof Blog).
P.S. Overlawyered guestblogger Victoria Pynchon, of the IP ADR Blog, has now posted a more extensive and detailed report on the case, & see Nov. 16 update with company’s side of the story.
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University of Iowa professor Arthur H. Miller (who is not the NYU Law professor Arthur Miller) allegedly traded grades and offered to trade grades for second-base action with female students, appropriately resulting in criminal charges and being placed on leave by the university. Paul Caron points us to this Chronicle of Higher Education blog post that says Iowa has ordered all of its professors to undergo sensitivity training to avoid sexual harassment. Because obviously a professor who would demand students let him fondle their breasts for a grade would never have engaged in such a behavior if only he had an additional hour of sensitivity training.
What this is really about is lawsuit prevention. Just as a doctor fearful of being sued will order an inefficient, wasteful, and possibly counterproductive medical test, an employer fearful of being sued will insist upon inefficient, wasteful, and possibly counterproductive sensitivity training.
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The other nanny suing Hollywood figures Rob and Sheryl Lowe “was going to settle with the Lowes but then she too wound up being represented by [attorney Gloria] Allred”. So Laura Boyce now finds herself at the center of big legal and publicity hoopla:
Boyce’s claims don’t target Rob Lowe at all but focus on Sheryl Lowe for such off-putting behavior as walking around naked — in her own home — and making “numerous sexually crude, lascivious and racially derogatory comments,” which led Boyce to quit her job. Sheryl Lowe has denied the allegations.“The home is a workplace for the people who are working in it — the nannies, the chefs, the drivers,” says Allred. “Celebrity employers do not have special rights. They are not insulated from liability because they are in their home. Celebrities are not above the law. They don’t have license to commit sexual harassment because it’s in their home.”
Lowe has pre-emptively sued Boyce and the other Allred-represented nanny, Jessica Gibson. (Rachel Abramowitz, “Rob Lowe’s privacy, nanny woes”, Los Angeles Times, Jun. 4).
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