What is unlawful harassment in the workplace?

We receive calls almost daily from potential clients inquiring about harassment experienced in the workplace. As we explain to the potential client, harassment is not in the abstract. In other words, there is no general prohibition on people being mean to each other in the workplace. Rather, for a claim of harassment to be viable, it must be discriminatory harassment, harassment in violation of a contract, agreement, or the employer’s policy, or harassment in retaliation for engaging in some activity protected by statute, rule or regulation. Additional information can be found in our new article.

DISCRIMINATORY HARASSMENT IN THE WORKPLACE: LEGAL STANDARDS FOR CLAIMS AND EMPLOYER LIABILITY

If you believe you have been the victim of unlawful harassment, contact us: 720-999-5390.

 

Upcoming Presentation: Representing Government Workers 101 →

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Benjamin E. Wick will be presenting at the Colorado Plaintiff Employment Lawyers Association's upcoming conference titled Representing Government Workers 101. The conference focuses on the complications associated with representation of public employees, including state and federal workers. Mr. Wick will be presenting on the federal EEO process for federal employees raising allegations of discrimination, harassment, or retaliation. He will also be part of a panel providing tips for representing government workers. Information on registration can be found at the link below. Join us!

https://coloradopela.wildapricot.org/event-2535468

 

Understanding And Identifying Reasonable Accommodations Can Be Difficult

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Employers are required to provide reasonable accommodations to individuals with disabilities. Although such accommodations are mandated by the Americans with Disabilities Act (ADA) and Rehabilitation Act (Rehab Act), it can be difficult to find the right accommodation. This is particularly true for accommodations that are new, different, or changing. Furthermore, the accommodation cannot pose an undue hardship for the employer. As such, it is important to explore and identify various reasonable accommodation options. Here are some tips.

Understanding Reasonable Accommodation Options

Federal employees with disabilities may have more options for reasonable accommodations

Federal employees and private sector employees can have a different legal standard applied to the same set of circumstances. One of the areas where is problem arises is when a reasonable accommodation is needed for commuting to or from work. Navigating the differences in the ways in which the Americans with Disabilities Act and Rehabilitation Act are interpreted can be challenging. The link below includes information about the legal standard that applies for federal government employees who need an accommodation because of a disability when commuting. 

Accommodating Commuting Restrictions For Federal Government Employees

New Guidance for Federal Sector Employees

The Wick Law Office's Holly V. Franson has issued new guidance for federal government employees who have been forced to take leave or suspended, without notice, from employment with a federal agency. The guidance discusses situations in which employees of the federal government can challenge constructive suspensions and forced leave lasting more than 14 days.

https://www.avvo.com/legal-guides/ugc/constructive-suspensions-before-the-merit-systems-protection-board-mspb-

Our new book is available for preorder!

The Wick Law Office is very pleased to announce that our new book, Federal Sector Equal Employment Opportunity Practice Guide, is available for preorder. The book was written by the Wick Law Office’s Benjamin E. Wick and Holly V. Franson. It includes detailed practical guidance for federal sector processing in equal employment opportunity cases from start to finish, including relating to procedural issues that arise in complaints and the legal standards that apply to specific discrimination claims. Preorder information can be found at the link below.

https://store.lexisnexis.com/categories/shop-products/coming-soon-174/federal-sector-equal-employment-opportunity-practice-guide-skuSKU02358

 

 

New Decision Finds Damages and Penalties can be Recovered Under the FLSA and CWA

In a recent decision by the 10th Circuit, the Court found that a plaintiff could recover both liquidated damages under the Fair Labor Standards Act (FLSA) and penalties under the Colorado Wage Act (CWA). This should impact the value of claims brought by plaintiffs under the FLSA and CWA. John Crone's summary of the case can be found here:

Liquidated Damages Under the Fair Labor Standards Act and Monetary Penalties Under the Colorado Wage Act are Not Mutually Exclusive

The Wick Law Office will be presenting at the 2015 Southwest Conference on Disability

The Wick Law Office's Reasonable Accommodation Training Group will be presenting at the 2015 Southwest Conference on Disability at the Albuquerque Convention Center on October 9, 2015. Our session will focus on reasonable accommodations under the Americans with Disabilities Act Amendments Act and emerging issues relating to reasonable accommodations. More information about the conference can be found at www.cdd.unm.edu/swconf/. For information about trainings offered by the Reasonable Accommodation Training Group, please see our website at: www.reasonableaccommodationtraining.com.

Reasonable Accommodations Arising in Workers' Compensation and Family Medical Leave Act Claims

The Wick Law Office's Benjamin E. Wick and Holly V. Franson just finished writing an article for the Colorado Trial Lawyer's Association (CTLA) on reasonable accommodations arising in workers' compensation and Family Medical Leave Act claims, a topic that is becoming more prevalent for clients with medical conditions, disabilities, and workplace injuries. Our article should be published later this summer in the CTLA's Trial Talk magazine. If you have questions on this, or any other employment topics, feel free to contact the Wick Law Office.