We have written a lot recently about cases involving
allegations of egregious harassment – incredibly vulgar and
offensive slurs in particular. And many readers have sent in
comments which express amazement that such cases exist.
Now comes a
new lawsuit filed by the EEOC which alleges such
egregious and cavalier acts of physical harassment and assault that
one is prompted to ask whether there is a "how to" manual
out there somewhere for sexual predators and a "worst
practices" manual for employers circulating.
directly from the EEOC's press release, we read that the owner
of Basta Pasta in Fallston and
- repeatedly subjected female employees, some of whom were
teenagers, to unwelcome and offensive sexual harassment, including
touching them on their buttocks, lower backs and
- rubbed his genitalia against the buttocks of female
- leered at female employees and made comments about
their bodies, including calling them "sexy" or
- made sexually suggestive remarks and crude sexual
- asked for massages;
- pressured female employees to have alcoholic drinks at
the end of their shifts and acted offended if they did not stay and
- gave one female employee alcohol, causing her to pass
out and later wake up vomiting [she believes that the owner drugged
her in an attempt to sexually assault her]; and
- took another female employee to his house, purportedly
to talk about a management opportunity [she believes he drugged and
sexually assaulted her].
alleges that two female employees were forced to quit because of
matters worse, the restaurant manager complained futilely to upper
management about the owner's sexually offensive behavior, was
told to "keep her mouth shut" and was then
only allegations, of course – but
boy, they make your hair stand on
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It is rare these days for a California appellate court to weigh in on whether an
employer is vicariously liable for accidents involving an employee that occur
during the employee’s commute to and from work.
We were happy yesterday to refer readers to a great treatise by our friend, Ellen Pinkos Cobb, Esq., entitled "Bullying, Violence, Harassment, Discrimination and Stress" which she updated for 2014. As a number of clamoring readers reminded us, we forgot to tell you where to get it.
One theme that resonates throughout court decisions and EEOC filings over the last few years is that application of inflexible employment policies to disabled employees often runs afoul of the Americans with Disabilities Act (ADA).