Every sexual harassment trainer, lawyer, and probably person on the street will tell you it is illegal to retaliate against someone who reports sexual harassment. Yet most people who experience harassment do not report it. Studies say 44% of women experience harassment at work, but only a fraction of those women report it. Instead, they put up with lewd comments, propositions and touching. They deflect and avoid their harassers while looking for … [Read more...]
Minnesota Whistleblower Standards Clarified
In Moore v. City of New Brighton, File No. 62-CV-17-4989 (Minn. Ct. App. July 29, 2019), the Minnesota Court of Appeals, reversed a grant of summary judgment on a Minnesota Whistleblower Act (MWA) case in a manner which clarifies and potentially strengthens this ability for future plaintiffs to establish liability and the right to proceed to trial. Complaints about Breach of Contract are Protected MWA Reports In Moore the report at issue … [Read more...]
EEOC Charge Filing Requirement Is Not Jurisdictional
The United States Supreme Court ruled today in a unanimous decision in Fort Bend County, Texas v. Davis, that the Title VII EEOC requirement set forth at 42 U.S.C. §2000e(5)(1), (f) (1), that a plaintiff first file a charge of discrimination before commencing litigation is not a “jurisdictional” barrier to bringing suit. Therefore, when plaintiffs have not complied with this requirement and defendant(s) have not timely objected, a discrimination … [Read more...]
Can I Legally Be Fired for What I Post on Facebook or Twitter?
Know Your Rights Minnesota is an employment “at will” state. “At will” employment means that an employer can fire an employee for any reason as long as the reason is not illegal. In some cases, employers may be able to legally fire employees for their social media posts on Facebook, Twitter, and Instagram. While employers can fire employees over their social media posts, there are instances in which it would be illegal to do so: First … [Read more...]
How to Prove Retaliation in the Workplace
By Darren M. Sharp | When employers fire their employees, they don’t simultaneously circulate a memo to the team explaining that what prompted the termination was the employee’s recent whistleblower report or complaint of discrimination. Instead, employers point to claimed rule violations or attitude problems, or let the employee know that things just weren’t “working out.” In this reality, how do former employees prove that they were … [Read more...]
