A court in Louisiana found a winking smiley face coupled with a narrative about a colleague’s good looks, to be flirtatious and offensive. But was it illegal? Saying the N-word one time may be severe enough for the case to go to court or can it?
You are used to knowing about the typical issues around harassment so what in the world is going on now!? What is it with emojis, and AI? You have been in Human Resources or management for years. Your plate is full of too much to do and to know in your increasingly stressful job. You are expected to stay current in discrimination and harassment case law for the federal and state-protected classes. Are you current? It seems like an unending responsibility. You remember hearing something in the news about a change in the pregnancy law but can’t remember what it was. You know that the American Disability Act, Title VII has expanded with something called an accommodation meeting, but what does that require? You heard that a company was required to pay a plaintiff an additional $1,000,000 because the company didn’t do harassment training could that be true? The #MeToo movement is alive and well. You have a company wellness program and have heard that employees are suing for discrimination based on the incentives offered to those who take part in the program. And it still isn’t clear as to whether you can personally be sued for misconduct. The EEOC has said that current workplace prevention tactics aren’t working harassment continues to be a problem with an increasing number of complaints every year; and with employers not doing what is required to effectively deal with the misconduct.
A new area in the EEOC’s recent 2023 proposed guidance indicates that harassment outside the workplace may also constitute illegal harassment if it negatively affects the work venue thereby creating a hostile work environment. This can include text messages, e-mails, phone calls, social media, and stalking, to name a few if it negatively affects the work environment thereby creating a hostile work environment. The EEOC’s new 2023 proposed guidance discusses systemic harassment and its first AI lawsuit alleging employment discrimination in hiring practices.
It is almost impossible for managers and HR professionals to stay current in the ever-evolving civil rights case law due to their busy workload. As a result, discrimination and harassment may go unrecognized and allowed to continue creating a hostile work environment for employees resulting in absenteeism, turnover, loss of productivity, and physical and emotional health consequences to the target and witnesses of the abuse. The failure of managers and HR professionals to recognize discrimination and harassment creates liability for the organization and costly lawsuits.
It is almost impossible for managers and HR professionals to stay current in the ever-evolving civil rights case law due to their busy workload. As a result, discrimination and harassment may go unrecognized and allowed to continue creating a hostile work environment for employees resulting in absenteeism, turnover, loss of productivity, and physical and emotional health consequences to the target and witnesses of the abuse. The failure of managers and HR professionals to recognize discrimination and harassment creates liability for the organization and costly lawsuits.
Dr. Susan Strauss
Dr. Susan Strauss is a national and international speaker, trainer and consultant. Her specialty areas include management/leadership development, organization development, communication, and harassment and bullying. She is an expert witness for discrimination and harassment lawsuits. She trains and consults with business, education, healthcare, law, and government organizations from both the public and private sector. Dr. Strauss has authored over 30 book chapters, books, and articles in professional journals. She has been featured on 20/20, CBS Evening News, and other television and radio programs as well as interviewed for newspaper and journal articles. She has her doctorate in organizational leadership, is …
HIPAA Compliance in 2026 — Practical Strategies for Breach …
Launch Your Career: The Ultimate Guide for Emerging Profess…
Moving From an Operational Manager to a Strategic Leader
Discover how Emotional Intelligence turns AI from a technic…
Dealing With Difficult People: At Work & In Life
I-9 Audits: Strengthening Your Immigration Compliance Strat…
Empowering Conflict Resolution: Letting Go to Gain Control
The 60 Minutes Introduction to DAX
The 6 Most Common Problems in FDA Software Validation and V…
High-Impact Performance Management: Tools, Tactics & Coachi…
AI Across the Business: Practical Use Cases for Founders an…
Faster, Better Talent Acquisition: Leveraging AI & ChatGPT …
The Anti-Kickback Statute: Enforcement and Recent Updates
Do's and Don'ts of Giving Effective Feedback for Performanc…
Emotional Intelligence: Mastering the Emotions of Great Lea…
Copilot and HR: An Introduction for HR Professionals
Goal Mastery: From Resolutions to Results in 2026
Your AI Advantage: How HR Professionals Can Use Claude to S…
Human Error Reduction Techniques for Floor Supervisors
Validation of FDA-Regulated Medical Device and SaMD Product…
Human Factors Usability Studies Following ISO 62366 and FDA…
Managing Toxic & Other Employees Who Have Attitude Issues
I-9 Enforcement & Compliance: A 5-Step Plan for Employers t…
Major cGMP Issues: FDA Concerns in 2026
4-Hour Virtual Seminar on Transformational Leadership - The…
Understanding EBITDA – Definition, Formula & Calculation
DOL Reverses Course on Independent Contractor Rule for 2026…
Managing Toxic Employees: Strategies For Leaders To Effecti…
ChatGPT and Project Management: Leveraging AI for Project M…
Navigating HR Like A Pro: What Every Small Business & New H…
HPLC Analytical Method Development and Validation
Negotiating Skills For Professional Results - Winning Strat…
Managing Projects When AI Joins the Team: Human Judgment, A…
Excel Spreadsheets; Develop and Validate for 21 CFR Part 11…
Paying and Receiving Payments for Referrals: You Can Go to …
Ten Red Flags that Signal Financial Distress in Business Cu…
The Age-Inclusive Workplace: How to Lead and Work Across Ge…
Tattoos, hijabs, piercings, and pink hair: The challenges …
Fatal Errors Employers Make When Updating Employee Handbook…
AI Fundamentals for All Leaders and Managers: How to Work S…