Office Party that Will Not Lead to Lawsuits

office partyAfter a year of hard work and decent profits, many companies celebrate in December with a holiday office party. Unfortunately, sometimes an office party can bring out the worst in employees and their bosses. If your office festivities take an ugly turn, what are possible consequences? A local employment attorney can answer this question.

Office Party – Questions Managers Should Consider

To minimize the possibility of ugly scenes, managers and party planners should consider some key questions:

  • Should alcohol be served? If so, will there be limits?
  • Will the company provide safe transportation home after the festivities?
  • How can you avoid discrimination issues with Christmas parties?
  • Can employee behavior at a company party result in termination? If so, on what grounds?
  • Can pictures of the party be posted on social media after the event?

Avoiding Legal Issues

Clearly, circumstances differ for every business. Experts suggest that alcohol-related problems can be avoided by holding a breakfast or lunch party. If you really want an evening event, consider these guidelines to avoid legal liability after your gathering:

  • Refer to the event as a Winter Celebration or even a Holiday Party, not a Christmas party.
  • Avoid “open bars.” Instead, opt for a cash bar or provide a limited number of tickets to be exchanged for drinks.
  • Advise professional bartenders to check I.D. and report individuals who seem to have over-imbibed.
  • Provide rides home, or hotel rooms, for inebriated partiers.
  • Serve plenty of food, especially if alcohol is on the premises.
  • Invite the employees’ spouses or significant others. It tends to keep people on their best behavior.
  • Advise everyone in writing that workplace conduct standards remain in place at the party. The upshot of inappropriate behavior or misconduct will be disciplinary action.
  • Have a written policy related to social media and privacy issues;
  • Avoid exchanges of gag-gifts or white elephant gifts. There is too great a possibility of sexual harassment issues.
  • Do not hang mistletoe. You are just asking for problems with it!
  • Remind managers to keep an eye on things and make sure questionable behaviors are nipped before they become problematic.

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Collecting Attorney Fees in EEOC Discrimination Case

EEOC Discrimination CaseNew Supreme Court ruling is a boon to employers hoping to collect attorney’s fees in an EEOC discrimination case. If your company is dealing with an EEOC complaint, you will most likely find the Supreme Court’s recent decision in CRST Van Expedited, Inc. v. Equal Employment Opportunity Commission to be welcome news. The case involved a ruling by the U.S. Court of Appeals for the Eighth Circuit, which held that a defendant in a Title VII case (such as an employer) is only entitled to payment for its attorney’s fees if it prevails in court after a “ruling on the merits.” The Supreme Court overturned this decision, and held that it is possible for a defendant to prevail and receive compensation for attorney’s fees, even without a ruling on the merits.

EEOC Discrimination Case Background

CRST’s EEOC discrimination case legal battle (which has lasted for over a decade) began when an employee named Monika Starke filed a complaint with the EEOC in 2005. She alleged that, over the course of her training as a truck driver, she was sexually harassed by two of her trainers. CRST denied the allegations. When the EEOC investigated, it discovered that four other employees had filed complaints. The EEOC ultimately found that there was reasonable cause to believe that an entire class of employees had been subjected to sexual harassment, and filed a lawsuit against CRST under Title VII on behalf of the aggrieved employees.

The EEOC eventually named more than 250 female employees of CRST as victims of sexual harassment. At trial, the District Court found that the EEOC had not satisfied its presuit requirements, and barred the EEOC from seeking relief for any of the employees. When CRST requested compensation for its EEOC discrimination case legal fees, the District Court approved the motion, and awarded CRST over $4 million in attorney’s fees.

An appeal, the Eighth Circuit found that CRST should not receive compensation for attorney’s fees. It reasoned that, due to precedent, only “prevailing” parties can receive compensation for attorney’s fees, and a party can only prevail if there has been a judicial determination of the plaintiff’s case on the merits. Because some of the complaints were thrown out due to the EEOC’s handling of the presuit requirements, the Court found that there had not been a ruling on the merits. According to the Court, there is a distinction between a ruling based on the elements of a claim (which would constitute a determination on the merits), and a ruling based on prerequisites to filing suit.

The Supreme Court disagreed, and held that there should be no requirement that a case be resolved “on the merits” in order for the defendant to be awarded attorney’s fees. According to the Court’s ruling, common sense dictates that a defendant has prevailed whenever a plaintiff’s claim has been rejected. The Court vacated the Eighth Circuit’s ruling, remanded the case for further proceedings, and urged the lower courts to expedite the resolution because the dispute has already taken so much time. [Read more…]

Sexual Harassment In The Workplace – Quid Pro Quo vs Hostile Work Environment

sexual harassment in the workplace, sexual harassmentWhen it comes to sexual harassment in the workplace, there are many people who can easily give examples of it, but know very little about sexual harassment law itself. An important, basic fact about sexual harassment law which very few people understand is that there are two different categories of sexual harassment cases: quid pro quo sexual harassment, and harassment that takes the form of a hostile work environment. Both of these types of harassment are prohibited by Title VII of the Civil Rights Act of 1964, and by the California Fair Housing and Employment Act (FEHA).

Quid Pro Quo

The term “quid pro quo” means “something for something” in Latin. Quid pro quo sexual harassment is when someone tries to obtain sexual favors from a coworker by abusing their workplace authority. This can be done with the offer of something positive (for example, “If you sleep with me, I’ll give you a raise”), or with the threat of something negative (for example, “If you don’t sleep with me, I’ll fire you.”)

“Sexual favors” does not necessarily have to mean sexual intercourse – or any kind of physical sex act, for that matter. Offering someone a promotion if they’ll talk dirty to you would be a form of quid pro quo sexual harassment. Telling a subordinate employee that you’ll cut their benefits if they don’t go on a date with you is also an example of quid pro quo sexual harassment, even though you weren’t specifically requesting sex from the employee.

If an employee is subjected to quid pro quo sexual harassment, s/he will not be prevented from filing a claim on the basis of whether or not s/he gave in to the harassment.

Hostile Work Environment

Sexual harassment that takes the form of a hostile work environment does not necessarily involve threats or propositions. A hostile work environment occurs when an employee is subjected to unwelcome sexual conduct in the workplace, and this conduct is severe and pervasive enough that it unreasonably interferes with the individual’s work performance, or it creates an abusive or offensive working environment.

This conduct can take many forms, including:

  • Sexual jokes, questions and/or comments
  • Displaying inappropriately sexual images (such as pornography)
  • Lewd behavior and/or gestures
  • Frequent, inappropriate physical contact
  • Repeated requests for dates
  • Physical interference with an employee’s movement

The Importance of Proper Legal Advice

If you believe that you have been the victim of sexual harassment in the workplace, an employment discrimination attorney will be able to answer your questions, and help you determine your best course of action. Likewise, if you are an employer, and you have concerns about sexual harassment in your workplace (or you have concerns about your sexual harassment policy), speaking to an attorney may help you avoid litigation, and better serve your employees.

The employment and labor law attorneys at Beck Law P.C. have considerable experience in sexual harassment cases. You can call or email today to schedule a consultation.

Disclaimer

The information on this website should not be considered to be legal advice, nor construed to be the formation of any manner of attorney client relationship. Prior to taking any form of legal action, please consult with an attorney experienced in the appropriate area of law germane to your situation. Case results and testimonials presented on www.californialaborandemploymentlaw.net or any of its related websites are germane to the facts present for each individual case and is not a promise of similar outcomes for any other cases. This website is not intended to solicit clients for matters outside of the State of California.