Lobbying Affiliate: MML&K Government Solutions
{ Banner Image }

Employment Law Blog

When It Comes To Employment Issues, Choose A Firm That Thinks Outside the Cubicle.

Contact Us

250 Character(s) Remaining
Type the following characters: three, papa, whisky, three

* Indicates a required field.

Stay Connected

RSSSubscribe to this blog via RSS
Join us on LinkedIn
Facebook

Archives

Categories

McBrayer Blogs

Showing 25 posts in Workplace Discrimination, Harassment and Retaliation.

Social Media: The New Harassment Landscape Continued

October 12, 2012
Posted In Employee Misconduct, Employee Personnel Files, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

A recent government study uncovered that 23% of harassment victims were targeted through text messaging, email or other digital forms. Not so long ago, the only evidence human resources had to investigate in harassment claims were the face-to-face comments of the parties involved, making the truth sometimes difficult to determine.  With a digital trail of comments to follow, the investigation of harassment claims no longer relies on hearsay, recollection and “he said, she said” testimony, because nothing can refute written proof. More >

Social Media: The New Harassment Landscape

October 10, 2012
Posted In Communications Decency Act, Crisis Management, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Internet & Media Law, Internet Defamation, Social Media, Social Media Policies, Social Networking Online Protection Act (SNOP), Workplace Discrimination, Harassment and Retaliation

Social media is changing the landscape of the internal workplace, providing a new way for employees to socialize and interact with one another.  The online workplace is rooted in conversation which is casual, revealing and often deeply personal.  The direct connection of social media is akin to an invitation into your home. It allows co-workers to share in your personal life with an instant sense of closeness and propels the relationship forward quicker than a traditional office friendship. The boundaries of conduct can become easily blurred and potentially dangerous when this complicated overlapping of private and professional relationships intersect online. Whenever the parameters get ambiguous, the probability of inappropriate behavior occurring increases, creating a growing employer concern for protecting employees from the potential of social media harassment. More >

Efforts to Restrict Employer Access to Social Media Passwords Pick Up Steam

September 28, 2012
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, social privacy laws, Workplace Discrimination, Harassment and Retaliation, Workplace Politics

Legislative efforts to prohibit employers and educational institutions from demanding social media passwords from applicants and employees picked up steam as California became the third state to pass such a law on Thursday, September 27, 2012.  California joins Maryland and Illinois as states making this prohibition law, though none of the statutes have yet to go into effect. More >

Workplace Politics: Cooling the Debates

September 26, 2012
Posted In Americans with Disabilities Act, Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Workplace Discrimination, Harassment and Retaliation, Workplace Politics

With the Presidential election just around the corner, employees may be talking about a lot more than gossip around the water cooler. Given the argumentative nature of politics, every employer should be listening for potentially volatile discussions, with a goal of keeping the workplace comfortable and free of hostility this election season. More >

Are Personal Emails Private in the Workplace?

September 19, 2012
Posted In Employee Misconduct, Employment Discrimination Laws, Employment Law, Human Resource Department, Internet & Media Law, Pregnancy Discrimination Act, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

Can companies monitor and read personal emails?  While this is no longer a novel question, companies continue to struggle with finding ways to protect their ability to access and monitor employees’ email activity.  A review of recent cases reminds us that while the answer is usually situational, the result almost always hinges on the strength and specificity of the company’s computer and email use policy. More >

Smartphones - 24/7 Access: When are employees off the clock?

August 31, 2012
Posted In Employee Performance Reviews, Employee Personnel Files, Employment Law, Fair Labor Standards Act (FLSA), Human Resource Department, Wage and Hour, Workplace Discrimination, Harassment and Retaliation

With instant access to all things via smartphones and the internet, it has become increasingly easy for employees and employers to stay connected to work all the time. Smartphone access and being constantly connected is part of our professional make-up, and necessary to keep pace with the speed of the information highway. Right? Connectivity is firmly woven into everyday business practices but at what price? More >

Discrimination in the Workplace Continued….

August 24, 2012
Posted In Employment Discrimination Laws, Employment Law, Employment Non-Discrimination Act ("ENDA"), Hiring and Firing, Human Resource Department, Kentucky Civil Rights Act (“KCRA”), Labor and Pensions ("HELP"), U.S. Equal Employment Opportunity Commission (“EEOC”), Workplace Discrimination, Harassment and Retaliation

Following up on our blog post from Wednesday, Progress for Transgender Employees Seeking Protection from Discrimination in the Workplace, the topic really isn’t so far removed from what is going on right in our own community.  In late July the Fayette County Board of Education updated the language of their anti-discrimination policy to include gender identity and sexual orientation as protected classes.  The decision was approved unanimously and applies to students, teachers and school district employees. This adds Fayette County to the list of approximately six other public school districts that have specific prohibitions for these protected classes.  Gender discrimination is banned by all 174 public school districts in Kentucky. More >

Progress for Transgender Employees Seeking Protection from Discrimination in the Workplace

August 22, 2012
Posted In EEOC, Employment Discrimination Laws, Employment Law, Human Resource Department, U.S. Equal Employment Opportunity Commission (“EEOC”), Workplace Discrimination, Harassment and Retaliation

Kentucky currently has no laws prohibiting discrimination on the basis of sexual orientation or gender identity.  However, since 1999 Louisville-Jefferson County and Lexington-Fayette County and Covington (in 2003) have had local ordinances banning discrimination in employment, housing and public accommodations due to sexual orientation.  In June 2008, Governor Steve Beshear reinstated an Executive Order banning discrimination of state employees based on sexual orientation and gender identity.  On April 23, 2012 the EEOC delivered a landmark ruling, in favor of protection against discrimination for transgender people working for the federal government.  With the introduction of HB 188/ SB 69 Statewide Fairness Act and the federal Employment Non-Discrimination Act on the horizon, we are prompted to encourage every employer to give fairness policies and procedures a serious review. More >

Passwords, Privacy and Protection – The Social Networking Online Protection Act

August 17, 2012
Posted In Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Social Networking Online Protection Act (SNOP), Workplace Discrimination, Harassment and Retaliation

The Social Networking Online Protection Act (SNOPA) prohibits employers from requesting or requiring a potential candidate or employee to provide passwords for personal email, private accounts or social networking sites, while protecting said candidates and employees from repercussions of refusal to provide passwords.  Introduced in April 2012 by Representative Eliot Engel (D-NY) and Representative Jan Schakowsky (D-IL), after the pressure was turned up on the intersection of privacy and technology by an Associated Press report of a 2011 incident where an employer required access to an applicant’s Facebook account, the SNOPA attempts to draw a line in the sand on social media access. More >

The Slippery Slope of Social Media in Hiring

August 15, 2012
Posted In Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Workplace Discrimination, Harassment and Retaliation

In the age of the electronic workplace, technologies like email, cell phones, text messaging, instant messaging and the internet all make for a much more mobile and accessible workforce. The advantages of nearly unlimited access can be profound for companies, increasing efficiency and productivity. Working smarter includes hiring smarter. Human Resource Departments are usually on the forefront of the technology curve, understanding, using and regulating how a company interacts with the fast moving world of the web. One of the fastest growing concerns around the HR water cooler is social media.  How do we, as a company, use social media to our advantage? Beyond marketing, social media sites such as Facebook, Twitter and LinkedIn have become one of the best ways to recruit new employees – a primary concern for HR. Sounds logical to research the candidates applying for new openings, using every means you have to insure the potential employee will fit into the company culture and become a productive member of the team.  It’s no different than checking references or running a background check, right?  Well, it is different.  With social media personal and professional lines are blurred. While information willingly submitted to the public domain is just that “public,” a general search through social media may reveal both factual and inaccurate information about a candidate. More >

Lexington, KYLouisville, KYFrankfort, KYFrankfort, KY: MML&K Government Solutions