At his suspension hearing, Garrett attempted to mitigate his misconduct by claiming that Rudolph had used a racial slur on the field.
Garrett’s problem? It was the first time he had raised that claim in the week following the incident. He didn’t raise it on the field. Or after the game. Or to the media. Or at any time prior to his hearing. Even his teammates were caught off guard by the claim. And that’s a huge problem for the credibility of his defense.
In harassment cases, credibility is everything. And if employee waits until a trial or hearing to raise a claim of harassment, his (or her) credibility, as well as their claim, is shot.
Here’s what I read this week.
Discrimination
- “OK Boomer” — harmless, or harassment? — via Robin Shea’s Employment & Labor Insider
- #OkBoomer Vs. #OkMillennial: Workplace Nightmare, Or Just A Meme? — via NPR’s Morning Edition
- Sexual Harassment Prevention Lessons from the Television’s “Survivor” — via Dan Schwartz’s Connecticut Employment Law Blog
- “Stupid Ass N *****” — Noooo, Not Enough To Be Considered Racial Harassment — via FisherBroyles
- Ohio Chamber Testifies in Support of Employment Discrimination Reform Legislation — via Ohio Chamber Blog
- Hostile Work Environment Issues and Demotion as a Reasonable Accommodation — via Understanding the ADA
HR & Employee Relations
- What Makes Some People Such Bad Bosses? — via The Cut
- How NBA executive Jeff David stole $13 million from the Sacramento Kings — via ESPN
- When You Have A Dog Of A Client And Work For A Complicit Party, You End Up Sounding Like Steve Castor — via Above the Law
- This great federal court decision I read offers seven keys to a proper severance agreement — via Eric Meyer’s The Employer Handbook Blog
- Training Is Not a Silver Bullet — via EntertainHR
Technology
- The 7 New Rules of Work: Workforce Readiness In the Digital Age — via hr bartender
- Avoiding Phishing and Social Engineering Attacks — via Ride The Lightning
- The USPTO Wants to Know Your Thoughts on Artificial Intelligence — via Technologist
- A Security Strategy That Centers on Humans, Not Bugs — via Dark Reading
- Ransomware Bites 400 Veterinary Hospitals — via Krebs on Security
- Top 5 Things to Do If You Suspect a Business Data Breach — via HR Hero Line
- My volunteer is into BDSM and wants to be a servant at our living history events — via Ask a Manager
Wage & Hour
- When Salaried Exempt Employees Take Time off, What Happens to Their Pay? — via Evil HR Lady, Suzanne Lucas
- Time Is Money: A Quick Wage-Hour Tip on … State Salary Thresholds for Certain Exempt Employees — via Wage & Hour Defense Blog
- FLSA joint employment, regular rate regs coming in December — via HR Dive
- New DOL overtime regulations: Non-discretionary bonuses and commissions — via Phil Miles’ Lawffice Space
- 7th Cir.: School had ample notice to tell worker with ‘uncontrollable crying’ about FMLA rights — via HR Dive
Labor
- Can a company require new employees not to bash it on Glassdoor? Is that legal? — via Eric Meyer’s The Employer Handbook Blog
- NLRB Allows Employers To Implement Mandatory Arbitration Programs In Direct Response To Being Sued — via Hunton Employment & Labor Law Perspectives™
- Report on NLRB Ethics Review — via Labor Relations Institute
- NLRB Concludes Recusal Procedure Strong, But Potential For ‘Circular Firing Squad’ Persists — via EntertainHR
- NLRB Adds New Three-Part Test to Standard for Evaluating Appropriateness of Bargaining Units — via Management Memo
OSHA & Safety
- OSHA Fines Newspaper Publisher $145K Following Amputation of Employee’s Finger — via Joe’s HR and Benefits Blog
- Battling Depression from the C-Suite — via Harvard Business Review
- OSHA Guidelines for Retailers on Holiday Shopping and Crowd Management Safety — via Workplace Safety and Environmental Law Alert Blog