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The Presidential Campaign Highlights Numerous Workplace Issues

October 14, 2016 By Larry Schaefer

By Lawrence P. Schaefer |

We are thankfully in the “home stretch” of the most divisive, contentious and disturbing Presidential campaign in our history.  The differences between the candidates are as stark as any choice the electorate has ever had to make in choosing a President.  I write not to chime in on this choice, but to convey how the most inflammatory issues in the campaign relate very directly to issues which frequently arise and are being refined in workplace litigation.  These issues involve sexual harassment, gender stereotyping and implicit bias, and the glass ceiling which still persists for women in the workplace and throughout our society.  I plan to write separate blog posts before the election on each topic, relating these posts directly the controversies in the campaign.

Sexual Harassment

I’ll first address sexual harassment.  The federal, state and local laws on this topic continue to evolve, as the legal claim of sexual harassment has been recognized by our courts for less than forty years.  Sexual harassment law that has developed in that time does not just protect women, but anyone from being subject to offensive words or actions of a sexual nature in the workplace.  Two claims are recognized by our legal system: (1) “quid pro quo” harassment, usually involving conditioning employment or work privileges to acquiescing to sexual advances; and (2) “hostile environment” harassment, which can be established when words, images or conduct create a workplace environment which alters the terms and conditions of employment in a manner that a reasonable person would find objectionable.  Both “prongs” of sexual harassment are actionable, can result in significant compensation to the victim(s), and mandated changes to workplace training, policies and procedures.

The recent video of Donald Trump’s comments about women before an “Access Hollywood” appearance, and the litany of women who are stepping forward conveying their own experiences with Mr. Trump which are unfortunately consistent with his comments about the leeway wealth and celebrity provides him to “grab” and kiss women, could be actionable as either quid-pro-quo or hostile environment harassment if this kind of conduct occurred in a workplace environment.  Moreover, instances when any individual “grabs” a woman as Mr. Trump describes in this video, or kisses them without consent, would be actionable as a battery, a common law tort which has been recognized in modern civil jurisprudence for hundreds of years, whether this conduct occurs in the workplace or anywhere.  Even unsuccessful or threatened attempts to engage in this kind of behavior would be actionable as an assault, with similar remedies.  

If actual or threatened grabbing or kissing isn’t at issue, however, the kind of comments Mr. Trump has made could be cited in establishing a sexually hostile work environment in any workplace over which he had authority.  This is particularly true when the conduct or statements at issue emanate from the leader or CEO in the workplace, or indeed any individual holding a senior management-level position.  Courts have appropriately recognized that “when a CEO speaks, everyone in the organization listens.”  Gender-biased or harassing statements or conduct from leaders at this level can have a profound evidentiary impact in litigating these claims, often establishing a hostile work environment even if these comments are infrequently made.

Anyone subject to these kinds of comments or conduct thankfully has recognized legal rights and ample remedies, but effectively enforcing these rights generally requires experienced legal counsel.  Schaefer Halleen attorneys have deep experience in this area.  While the focus on this issue in the current campaign is often painful to witness, it will hopefully raise awareness of these rights and empower individuals subject to this illegal conduct to seek counsel.

Future posts over the coming weeks will address gender stereotyping, implicit bias, and the persistent glass ceiling as reflected by issues raised in the current campaign.

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Filed Under: All Blog Posts, Discrimination, Gender Discrimination, Harassment, Lawrence P. Schaefer, LGBTQ Discrimination, Sexual Harassment, Women Professionals Tagged With: Presidential Campaign

Larry Schaefer

About Larry Schaefer

Lawrence P. Schaefer has earned the respect of judges and other lawyers for his thorough and aggressive client advocacy in negotiation and litigation. He focuses exclusively on representing people who have been subject to employment discrimination at work. Larry serves as the firm’s President and head of litigation. Read more >

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Schaefer Halleen, LLC

Schaefer Halleen, LLC is located at:
412 S 4th St
Suite 1050
Minneapolis, MN 55415
Phone:612-294-2600
Fax:612-294-2640
www.schaeferhalleen.com

Google Rating
4.8
Based on 34 reviews
Schaefer Halleen, LLC
Schaefer Halleen, LLC
4.8
amy houchinspost
amy houchinspost
14:00 10 Mar 21
Lia
Lia
22:13 26 Feb 21
Peter and Lauren are patient and understanding. They considered my case from every angle possible. They also took the time to educate me a bit on how the law works. Very impressed!
Julie Koritz
Julie Koritz
01:27 25 Feb 21
Peter and Jacob did a great job getting me a settlement. I am very fortunate to have worked with them.
DeAijha Perry
DeAijha Perry
05:22 30 Dec 20
Henry V
Henry V
15:56 25 Sep 20
I worked with Larry Schaefer and Lauren D'Cruz. They enthusiastically took up my case. They showed creativity, good judgment and deep knowledge of the law in formulating the theory of the case. They also struck a fine balance between zealous advocacy and risk management. They were very responsive and provided timely status updates throughout our engagement. They took genuine interest in me as a person. I would recommend Schaefer Halleen to my family and friends without reservation.
Constance Lewis
Constance Lewis
15:46 10 Aug 20
I had the opportunity to work with Peter Christian. He was amazing to work with. He believed in my case from the moment we spoke and was diligent in working for me. He kept me in the loop on every aspect of my case, he allowed me to have input before decisions were made and fought for me from the very beginning to the end. He was prompt and followed through on everything he said he would. Peter was very professional, and timely. I truly appreciate the time and dedication to my case. Thank you Peter for taking the chance with my case and fighting for me. With Peter's expertise, my case was settled with a positive and favorable outcome. You were a pleasure to work with and I would highly recommend your services. Thank you again!
B Bowlby
B Bowlby
15:46 24 Apr 20
I cannot recommend Schaefer Halleen highly enough. I had a particularly hard employment issue and I found the people at S.H. to be excellent to work with. They are all very professional, very intelligent, handled me and my situation with care and always kept me up to date on where my case was at. In the rare instance when I contacted them by either phone or email I received a near immediate response.I was always made to feel that I was important and I always felt I was being given advice I could trust. At the end of the day my case was settled in a very timely manor and I am very pleased with how it turned out.Finally, the lawyers and staff at S.H. are some of the most experienced people in their industry and I was very impressed with their past accomplishments. I knew I could trust S.H. to handle my case after the very first meeting. If you need employment law help, Schaefer Halleen, LLC is the one and only firm I would recommend.
Roland Awasome
Roland Awasome
13:32 02 Apr 20
I am a professional and worked with many attorneys in the past. Peter is hands down the best out there. I can’t recommend him enough .
Laura H
Laura H
14:10 21 Feb 20
I am so thankful I found the Schaefer Hallen team to help me through one of the most difficult times in my life. Lauren always took the time to listen and was respectful and professional. Her attention to detail is impeccable, and she helped organize all my random thoughts and emails to help strengthen my case. Larry and Lauren kept me informed throughout the whole process and always made me feel like I was in control. With their expertise, my case was settled efficiently and with a positive outcome.
Mevhibe Atay
Mevhibe Atay
20:03 19 Feb 20
I had a great experience with the firm. My attorney Darren Sharp was very efficient, knowledgeable and kept me informed at every step. Very trustworthy and professional.
Ioannis Karampelas
Ioannis Karampelas
15:45 12 Sep 19
Extremely professional and humane treatment towards me as a person in severe trouble, perplexed by conditions generated totally out of my control. This law firm is outstanding.
Katy Eagle
Katy Eagle
16:54 16 May 19
Overall, the firm is great! Lauren D'Cruz is organized, thoughtful, and very pleasant to work with. I have enjoyed my interactions with everyone at Schaefer Halleen over the years. I highly recommend the firm and Ms. D'Cruz.
M M
M M
20:11 05 Apr 19
It is with great pleasure that I write this for Mr Schaefer and his capable people comprised of talent and empathy. I had a fear of Attorneys (due to my own weakness, no disrespect to the legal profession), but I felt pleasantly surprised after my visit to his firm located in the heart of Minneapolis - my home city that I am passionate about. Larry's office emblomized everything that I look for. The attorneys, the administrative staff, the decor, it all felt "happy" and "inter-connected". I had thought my case was too too hard to understand by others, however due to Larry's brilliance and savvy, it became evident to me that he understood it very well. He had a clear line of action and a resolve to seek justice with ethics. That was all that I desired. I hope Larry's office continues to serve the disability community, that it prospers, grows, and makes Minneapolis the best city in the world.
Sameh Said
Sameh Said
16:21 04 Apr 19
I am very thankful to Larry for helping me through a very difficult time of my life. My former employer discriminated against me and treated me very badly and I was forced to resign to end my struggle with this employer. I did not know what to do or who I can find to help me getting through this and restore my reputation and my employment. I met with several layers prior to my meeting with Larry and I can tell the difference immediately when I engaged with him. Larry told me what will happen in the first meeting and despite my process took several months, he was able to predict the successful outcome just through listening to me in that very first meeting. He has complete understanding of all employment related issues, he is focused and dedicated to help his clients getting back on track. His strategic thinking and the steps he made were the key to success. He also has a wonderful team that are just the right team to help. Quick response and timely feedback about what is going on with the case so you are always in the loop with the next step. Now I moved on to a new and a better employer and I feel I am beginning a new and a good chapter in my life, and I feel I can't thank Larry or his wonderful team enough for what they did to me and how they supported me to get through probably the worst chapter in my life.Thank you Larry
Rebecca Thavis
Rebecca Thavis
17:14 02 Apr 19
Larry truly went above and beyond. In each step of the case, he made sure I was aware of what was happening and the next steps. He called frequently, and followed my choices, making sure that I felt in control. I never felt like a victim, or less- he helped inspire me to fight for what I needed and deserved. If I had to go through it again, no questions asked, I would want Larry by my side every step of the way. His team is well organized, efficient, kind and discrete. I am forever grateful that Schaefer Halleen represented me, and I highly suggest them for any and all people who need empowering representation.
Joanne Simons
Joanne Simons
21:30 26 Mar 19
Excellent experience, outstanding staff, expedient, caring, respectful.
Jessie Lecy
Jessie Lecy
00:22 18 Mar 19
The humanness and genuine care for their clients separates this firm from others and makes it best in class.
John Styliaras
John Styliaras
23:55 17 Mar 19
Larry and his team at Schaefer Halleen helped bring to resolution issues at the workplace in an amicable manner. When I first approached Larry, I was not even sure what steps to take, what to do, did not even know if I needed a lawyer, or why I needed a lawyer. All I knew was that friends and colleagues told me to reach out to a lawyer. And when I asked around, his name and his firm's name kept on being mentioned by many. And the reputation was well deserved.Larry patiently and deliberately listened to my story, and then explained to me exactly why I needed a lawyer, and how he could help me. Immediately he laid out the plan about how to proceed. Instantly I was put at ease. Throughout a very long process, he provided me advice and guidance and was always willing to talk to me on the phone, whenever there were either updates, or I had questions and concerns.I am absolutely certain that I would had not been able to reach the resolution without Larry's and his team's steadfast guidance, advice, and impressive work. I recommend Larry and his firm unconditionally - the very best in the field.John C. Styliaras MD,MS
Suzanne Simpson
Suzanne Simpson
14:43 15 Mar 19
Lawrence is exceptional. He prepared me for the process, explained the possible outcomes and provided next step direction throughout. My experience was settled efficiently, and with a very positive outcome. I’m so glad I found Schafer Haleen, LLC.I highly recommend their services.Suzanne
Ricardo Vidal Gonzalez
Ricardo Vidal Gonzalez
18:49 12 Dec 18
I highly recommend the Schaefer Halleen law firm. Larry Schaefer was always available to answer any questions and his team was very professional. They work hard to get results and take the time to listen to the client’s goals.
annette miller
annette miller
00:40 07 Nov 18
I found the team to be professional, respectful and very well versed in employment law. I would recommend them to anyone looking for advice or expertise in this area.
Lynn Hassan Jones
Lynn Hassan Jones
14:18 31 Oct 18
I am a physician who recently hired Schaefer and Halleen to represent me in an employment discrimination case, my Atty was Jean Boler ESQ.They provided top-tier legal services to me for my case 2017 through my settlement in 1st qtr of 2018.This was excellent legal representation, specifically - very responsive, very prompt, extremely detailed and never off-putting.Absolutely would recommend without reservation!
Doc MoSho
Doc MoSho
19:40 02 Jul 18
They were attentive and responsive and dod a great job of diffusing the tension in a situation that could have been quite adversarial. They also did an excellent job of level setting before the process proceeded to far in an unrealistic direction. Great work.
the Dodger
the Dodger
14:28 04 Jun 18
Joyce Jenkins
Joyce Jenkins
19:03 02 Jun 18
Larry has been a great resource for several years. His response time, quality of response and follow up are excellent. He has been flexible enough to answer an impromptu calI and get a response back within an hour. I recall talking to Larry early one morning when there was 8" of snow and most businesses were closed. He was the only one in the office to keep my appointment.I have recommended Larry to more than a dozen of my friends and colleagues and I feel very comfortable recommending him to anyone.Derek Jenkins
John
John
23:57 01 Jun 18
An honest lawyer? YES! Larry was fantastic and I can’t thank him enough for his unbiased advice and support.
Ravi Balwada
Ravi Balwada
21:00 01 Jun 18
Larry is amazing. Very professional, takes the time to listen, is very knowledgeable and respected and if he says he can get you justice - you can count on it.
John Wichmann
John Wichmann
20:19 01 Jun 18
Larry and his team did an amazing job! They completed a task very smoothly and successfully that others said couldn't be done. I would hire him again in a heart beat.
Anne Dament
Anne Dament
18:52 01 Jun 18
Larry Schaefer is an incredible leader with an outstanding team of experts. They listen and care about their clients and work very hard on your behalf, educating you on your rights and guiding you through the process along the way. Everyone on the team is helpful and kind. 5 stars.
Bea Abdallah
Bea Abdallah
18:01 01 Jun 18
I strongly recommend this firm — so much so I once referred a colleague who they also helped. The firm is focused on their client’s specific issues, and unlike other attorneys I’ve worked with, they keep ongoing communication with you as the case advances. I am impressed with the professionalism and strong leadership from the staff, and deeply grateful for their good work.
Joanna Ramirez
Joanna Ramirez
16:54 01 Jun 18
I am grateful to Larry and his team. They did an excellent job of educating me about the legal process and keeping me updated on the status of my case. They had first hand knowledge about employment law in that they worked to get some of the legislation established.
Brett Rizk
Brett Rizk
12:26 13 Feb 17
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Recent Blog Posts

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