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  • November 28, 2017

Avoiding Sexual Harassment in the Workplace

Recent news stories have shed a brighter light on the very real problem of sexual harassment in the workplace.  Failing to properly address sexual harassment creates an unsafe workplace and exposes the employer to substantial liability. There is nothing new about this issue. Liability under Title VII of the Civil Rights Act has existed for more than thirty years.  These recent headlines simply speak to the unfortunate reality that too many workplaces fail to properly address the problem.  It is imperative that employers acquire the tools needed to protect their employees and themselves.      Sexual harassment encompasses a wide…

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  • August 24, 2017

REVISITING WHEN AN EMPLOYEE HANDBOOK IS A CONTRACT UNDER MARYLAND LAW

Is your employee handbook a contract? Thirty years ago, Maryland’s courts ruled that a jury had to decide that question, unless the handbook contained a “clear and conspicuous” disclaimer stating that it was not a contract.  Since then, most Maryland employers have wisely introduced disclaimer language to avoid litigation seeking damages because something in the handbook was not followed exactly as written.  A recent Maryland case revisits this question and identifies a new problem created, in part, by our societal move into the digital age. James Tucker was an employee of the Johns Hopkins University (“the University”). He was notified…

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  • February 16, 2015

Maryland and DC Employers Required to “Think Outside the Box” or Rather Ban it Altogether

Many people like to use the cliché “think outside the box.”  In most instances the phrase is used to encourage someone to be creative and look for ideas outside of what is common or the norm.  New laws in three localities in Maryland and in the District of Columbia are not simply encouraging employers to think outside the box, but requiring them to “Ban the Box” entirely.  The penalties for failure to do so are significant. These laws have been termed “Ban the Box” legislation because, in addition to other provisions, the new laws ban employers from having a box…

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