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Workplace Bullying: Consequences and Solutions

- Schoolyard bullies don't fade away, they grow up and continue their bullying at the office.

Sexual Harassment

- In the first case of its kind, the California Supreme Court has ruled that widespread sexual favoritism in the workplace can create a hostile workplace environment. While an isolated case of favoritism would not be grounds for a harassment charge, ruled the court, employees may sue if the message conveyed in the workplace is that women are sexual playthings or that they must engage in sexual conduct with supervisors to get ahead. In the case, a prison warden was conducting four simultaneous affairs and used his authority to get the women special treatment such as promotions and perks. (Miller v. Department of Corrections, Supreme Court of California, No. S114097, 2005)

EEOC Guidance

- The Equal Employment Opportunity Commission (EEOC) has issued guidelines for employers on dealing with cancer as a disability.

Discrimination

- A court has ruled that a manufacturing plant did not discriminate against a potential employee when it declined to hire him.

An Alarming Trend

- The EEOC has recorded an uptick in racial harassment over the past two decades.

Sexual Harassment

- A court has ruled that an employee may proceed with assault charges as well as claims of intentional infliction of emotional distress against her employer. In the case, the employee was physically assaulted by her supervisor. After an investigation into the incident that led to the supervisor receiving sexual harassment training, the employee was forced to work for him again. After the supervisor began undermining the employee’s work, the company claimed that nothing could be done to curtail the inappropriate activity.

Discrimination

- A bill (formerly S.B. 25) prohibiting hiring and employment discrimination based on sexual orientation. The bill, which was signed into law by Colorado Governor Bill Ritter, would make it illegal for employers to discriminate on the basis of sexual orientation, perceived sexual orientation, or gender identity. Unlike federal discrimination laws, which apply only to those with 15 or more employees, the Colorado law will apply to all employers in the state.

Employment Discrimination

- A bill (H.R. 2831) introduced by Rep. George Miller (D-CA) that would revise employment discrimination laws has been approved by the House of Representatives. The Senate has agreed to consider the measure.

Medical-Record Privacy

- An employer acted improperly, ruled a federal appeals court, when it fired a woman for refusing to sign a medical release form about her mental health.

Harmful Horseplay

- An employee may pursue a negligence claim against his coworker after an incident of horseplay left him physically and psychologically injured, ruled the Delaware Supreme Court.

Discrimination

- A single comment about a worker’s accent is enough to allow the worker to proceed with a discrimination claim, ruled a federal appeals court.

Religious Discrimination

- An employee who was fired for refusing to attend spiritual and meditation sessions fashioned after Buddhist and Hindu belief systems may pursue his religious discrimination lawsuit against his company, ruled a federal appeals court.

Confidentiality Agreements

- The National Labor Relations Board (NLRB) has ruled that a company’s confidentiality agreements violated federal labor laws because they prohibited employees from discussing their wages and conditions of employment with one another.