Employment Lawyer Blog

Every December, tens of thousands of holiday parties in offices across the U.S. generate fun and even jubilant exchanges among coworkers. But the specter of sexual harassment and other inappropriate behavior at these holiday gatherings lingers. If you are concerned about being harassed or discriminated against at your upcoming workplace holiday party; or if you are a supervisor who wants to nip potential problems in the bud, this article will provide useful tips and resources.

1. Limit Alcohol Consumption

Alcohol consumption and the workplace should never mix, unless you run a distillery or wine tasting service. Intoxicated employees, on average, are more likely to make insulting comments to one another, say inappropriate things, or commit more serious offenses like sexual harassment or even sexual assault. To prevent problems, consider serving up "mocktails" at your party or use drink tickets or coupons to limit the amount of drinks any one employee may have.

2. Remind Partygoers of the Rules

To prevent potential troublemakers from wandering across the line from playfully ribald behavior to lawsuit-worthy offenses, gently remind your staff of the consequences of behaving out of control. You need not be a stick in the mud. But emphasize that inappropriate actions will be punished and could cost your business severely.

3. Learn from Past Mistakes

Have you witnessed confrontations or accusations of harassment or misbehavior at past holiday parties? If so, institute policies and procedures to prevent problems from arising again.

4. Remind Employees that Out-of-work Bad Behavior Can Be Punished

A subordinate would never go home and scribble on his Facebook page: "My boss sucks. And I hate everyone in my company." After all, it is extreme likely that such a negative comment might make its way back to people at the office. Likewise, if you hold your office holiday party at a bar or restaurant or some other outside venue, workers should understand that their conduct there should remain classy and above board.

5. Take All Allegations Seriously

If during or after a holiday party, an employee or a subordinate makes allegations of harassment, misconduct, or other abuse, the company should abide by its legal and moral responsibility to investigate and rectify the situation. If an employee complaint gets ignored or mishandled, the company could get into serious legal hot water.

If you or a coworker or someone in your family has been struggling with workplace sexual harassment, gender discrimination, or retaliation, get a free case evaluation by calling the law firm of Joseph & Kirschenbaum at 1-866-348-7394. The firm also provides ample free resources about harassment and discrimination issues at www.jhllp.com.

In a recent ruling out of an employment tribunal in Leicester, England, a doctor lost her religious discrimination case against her employer, the Northamptonshire Council Adoption Panel, after she abstained from voting on a matter she felt violated her religious beliefs.

Northamptonshire County Council's Adoption Panel was to vote on putting adopted children in homes run by same sex families. Dr. Sheila Mathews, a member of the panel, sought permission to avoid voting. After her request, the panel dismissed her. Dr. Mathews sued the panel for religious discrimination, claiming that her Christian beliefs prevented her from pairing adopted children with same sex couples. According to BBC reports, the ruling tribunal denied her employment discrimination claim. Judge John MacMillan said, "there is simply no factual basis for the claims." The judgment came after a 2-day hearing in the town of Leicester, during which Dr. Mathews expressed her belief that "Christian professionals, who seek to express professional judgment in the very best interest of children, are being silenced or discriminated against." With help from the Christian Legal Centre, she has asked the Leicester tribunal to refer her case to the European Court of Justice.

Dr. Mathew's position touched off heated debate among bloggers who follow employment discrimination, retaliation, and harassment cases.

Often "lightening rod" cases like Dr. Mathews's compel observers to challenge their fundamental thinking about the law and about the rights of employees. For instance, should a Muslim woman be permitted to wear her Hijab on patrol as a police officer? Should she be allowed this fundamental religious expression? What if a superior denies her this expression? Does that constitute religious discrimination? Under what circumstances is it appropriate for an employer to deny an employee request on "religious" grounds? The nuances can get ferociously complex. And the ethical - even the philosophical -- implications can take a while to tease out.

On a more practical note, if you or someone you love has been dealing with an issue of employer religious discrimination, harassment, retaliation, you can get excellent insight into your case by connecting with the attorneys at Joseph & Kirschenbaum. Get a free consultation by calling 866-348-7394, or examine timely and free resources at www.jhllp.com.

Amy Erin Blakely, a former Assistant Director at Devereux Foundation, has filed suit against her ex-employer for sexual harassment, gender discrimination, and retaliation. According to a news report on My Fox LA, Blakely alleges that her supervisors constantly referred to her large breasts as "distracting" and this "made me feel extremely devalued. It made me feel ashamed at the way I looked and of my femininity and of my body...I would use the side door and hide from those managers because I didn't want to be subjected to more humiliation."

Allegedly, Blakely had experienced sexual harassment for 5 years from 2003 to 2008. Then, in 2008, a change of management only worsened the problems. She complained internally. But this did not change the behavior of her supervisors. Instead, her complaints resulted in her receiving a reprimand. Her "upward mobility" in the organization ceased. A year later, Blakely made a second internal sexual harassment claim. The very next day, she got fired.

Blakely is seeking punitive and compensatory damages for discrimination, harassment, and violation of the whistleblower statute. The Devereux Foundation has denied Blakely's allegations, stating "we have a deep and abiding respect for women in our organization, as evidenced by the fact that more than 50% of our senior leadership team is female."

A similar case involving Debrahlee Lorenzana, a banker, alleged similar complaints of being sexually harassed for being "too sexy." Lorenzana sued her employer, CitiBank, for sexual harassment and retaliation. Lorenzana was allegedly told not to "wear classic high-heeled business shoes, as this purportedly drew attention to her body in a manner that was upsetting to her easily distracted male managers."

In an interview with the Village Voice, Lorenzana said: "I could have worn a paper bag, and it would not have mattered... if it wasn't my shirt, it was my pants. If it wasn't my pants, it was my shoes. They picked on me every single day."

The sexual harassment allegations of Erin Blakely and Debrahlee Lorenzana have attracted tremendous media attention over the past several months and have stirred a lively debate in classrooms and online about how attractive women should comport themselves in the workplace - and what actions companies should take to prevent harassment, discrimination, and other kinds of mistreatment from organically arising. These issues can get thorny, ethically complicated, and personal. Many potential claimants only have a vague understanding of their rights and responsibilities under the law.

If you or someone you care about has been sexually harassed or discriminated against at work, the team at Joseph & Kirschenbaum can provide a practical and free consultation for you. Call the offices now to schedule your consultation - 866-348-7394 - or learn about at JHLLP at www.jhllp.com.

Bob Hudgins, the Head of the Texas Film Commission, announced last week that he will be retiring at the end of November, fueling speculation that allegations of sexual harassment drove him out of the prestigious position. Hudgins, who serves under the auspices of the Governor's Office, announced his resignation after an employee at the Commission complained that he had sexually harassed her. Hudgins denied the accusations and released a statement to the press: "I will not disclose the details until I am no longer within the Office of the Governor." The Governor's Office has not commented on the matter.

Hudgins' associates have insisted that the Film Commissioner quit because he wanted to spend more time with his family. For instance, he supposedly had to miss his daughter's 5th birthday because he was on a business trip. During Hudgins' term, Texas witnessed an explosion in filming -- $600 million in TV and movie projects over the past three years. New projects being shot in Texas include: True Grit (Directed by the Coen Brothers) and the TV shows Chase and The Good Guys.

Obviously, from brief news stories, it's impossible to weigh in on the veracity of complex allegations like sexual harassment, retaliation, or race discrimination. Only a deep and probing investigation can truly shed light on the merits of a claim. But workplace violations of employer rights can be depressingly common in many industries. For instance, attorney Maimon Kirschenbaum (of Joseph & Kirschenbaum) has, over the past several years, represented claimants in a dizzyingly diverse number of high profile wage and hour violation cases against prominent New York City restaurants.

If you or a friend, family member or colleague has been struggling with on the job mistreatment, harassment, or discrimination, connect with the Joseph & Kirschenbaum team for a free consultation. Call 866