February 5, 2021

A Personal Account of Workplace Harassment Highlights How Common the Behavior Is

If Jennifer Barnett’s recent Medium piece sounds woefully familiar, that’s because it tells the same kind of story we hear about all the time. In fact, many of the discrimination cases we take on follow very similar outlines. An employee, even a very senior one, is intimidated, berated, and subjected to mistreatment at the hands of a manager or executive, and has trouble sorting through the proper legal response to the situation. 

From our perspective, it’s entirely understandable that Barnett’s story isn’t unique and it’s a major reason why we found her post so compelling. It describes, in detail, many of the experiences our clients have when facing troubling issues like the ones Barnett describes. 

We are well aware that workplace conflict is complicated. An employee is forced to weigh their career advancement or the support of colleagues and friends against a potentially acrimonious legal case. Additionally, employees are often not experts in employment and labor law, putting them in the awkward position of trying to figure out what is merely part of the work culture and what is harassment or discrimination. 

Another thing Barnett’s story demonstrates is how difficult it is to switch from accommodating workplace harassment to pushing back against it. Once you’re deep in it, it becomes even scarier to think about contacting a lawyer. 

And even when you do confront discrimination and harassment, as Barnett’s story shows, employers can just as easily double down on protecting or denying the problem as they can rectify it. Barnett’s harasser, for example, remained in a position of power in her profession and continued to be offered platinum editorial jobs in prestige media. It should be noted you don’t have to work at a prestigious company or be some glowing success like Barnett to be discriminated against or harassed. Workplace harassment exists in every profession and at every pay-level. 

We applaud Barnett’s willingness to write about such difficult problems and encourage people to recognize that being made to feel uncomfortable or intimidated at work is a problem you don’t have to face alone.


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The Week in FFCRA Cases: Judge Invalidates DOL Implementation, Expanding Eligibility

August 18, 2020
Disability Discrimination
Leave
The complaints we found relevant this week are eerily similar—parents who need to take care of their children, some of whom are immunocompromised, are being denied telework or leave or are being terminated. Further, we are continuing to see plaintiffs who voice concerns to their employers about workplace safety being terminated after doing so.

Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

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