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Minneapolis Employment Law Blog

Lessons from Best Buy HQ: Romantic relationships on the job

You have likely heard about the challenges facing the Twin Cities based Best Buy Corporation. Among other issues, a scandal involving reports of a relationship between the former CEO and a 29-year-old female employee. This situation and the manner in which it was handled apparently involved such a lack of professional and good judgment that both the CEO and the Board Chairman have lost their positions.

Romance in the workplace can be a difficult situation for employees. Some co-worker relationships are not uncommon. Where there is a consensual relationship no power differential it may not cause any issues for the employee. But when a manager or executive pursues a romantic relationship with an employee over whom they have the power to take a negative employment action, that employee faces a troubling dilemma.

Sexual harassment not limited to a single gender

When we read a story in the Pioneer Press or Star Tribune about a sexual harassment case, it seems like the accused is almost always a male. There are a variety of cultural and business factors that lead to this disproportionate representation. But it is important to remember that just because a manager or supervisor is female, she is not allowed to sexually harass employees.

It can be difficult for anyone to report sexual harassment; they may fear retaliatory termination or simply not being believed. Both men and women who are the victims of harassment are wrongly placed in uniquely difficult circumstances. Everyone deserves a workplace free from sexual harassment. The allegations in one ongoing case demonstrate the susceptibility of both genders to be the victims of sexual harassment in the workplace.

Whistleblowers at Minnesota for-profit colleges

It is important that employees are able to report improper or dangerous conditions that they observe in their workplaces. When someone is aware that fraudulent or dangerous practices could negatively impact the public, they are often uniquely positioned to report the problem. Unfortunately an employee who is aware of a violation of the law may be afraid that if they report it, they could face retaliation and be terminated or face other negative employment actions.

This is the claim made by two employees of a for-profit Minnesota college. They both claim that because they had been open about what they viewed as serious problems with the admissions and accreditation process, they were subjected to negative employment actions. Both employees brought their claims under the Minnesota Whistleblower Act.

When Minnesota employers ask for your Facebook password

People have become more intentional about the ways in which they share information online. While you might use online social tools like Facebook to share pictures taken at a church gathering or engage in discussions of ongoing medical treatment, you may not want these items broadcast to the general public. So people take steps to ensure that the information that they would like to keep private is not publically available.

But now some employers are seeking access to this personal and private online information by demanding that prospective employees provide passwords to Facebook and other social networking services. Employees obviously feel pressure to comply with this request in order to get the job, despite the invasion of privacy it represents and the potential that the employer might take some illegal job action based on protected characteristics they discover in your online networks.

Minnesota agencies ordered to pay restitution in age discrimination suit

Certain employees of Minnesota state agencies used to find themselves in a difficult position as their fifty-fifth birthday approached. If they agreed to retire before they turned 55, the state would continue to pay the employer's portion of the employees insurance premiums, ranging from 85 to 100 percent, until the employee reached the age of 65. But, if the employee continued to work past the age of 55, the state would not pay any of their premiums once they retired. So while an employee that retired at 54 would have their retirement insurance premiums paid by the state, an employee retiring just a year later would be responsible for the full price of the retiree insurance premiums.

In response to this situation that was known as the 'Age 55 cliff,' the U.S. Equal Employment Opportunity Commission (EEOC) filed an age discrimination lawsuit against these agencies. The federal courts agreed that this practice constituted unlawful age discrimination. Now a court has approved a consent decree that requires the agency to pay restitution to the employees.

Former Minnesota Vikings quarterback to testify in sexual harassment case

Former Minnesota Viking quarterback Brett Favre has been called on to testify in a sexual harassment lawsuit surrounding text message he allegedly sent while playing for the Jets. The lawsuit alleges that while Favre was the starting quarterback for the Jets, he sent numerous inappropriate text messages to two massage therapists who were employees of the team.

According to the two female employees, they brought the inappropriate messages to the attention of the team management. The employees were likely hoping that the team would address this situation and take appropriate steps to deal with it and ensure that it did not occur again in the future. But the two female employees claim that rather than addressing the situation properly, the team simply terminated them.

Would you want to work in the "Mad Men" office?

Some dedicated viewers of the hit television show "Mad Men" may find themselves enamored with the office environment portrayed in the show. Other viewers, who still enjoy the show, might find the office environment offensive as it is rife with gender discrimination.

The show depicts a fictional advertising agency in the early 1960's. In the universe of the show, the agency executives are portrayed as nearly continually smoking and drinking. Women in the show are almost exclusively in support and administrative roles. While much of the work environment depicted on the show may seem foreign to our current sensibilities, unfortunately some of these practices still occur in the modern workplace.

Sexual harassment and discrimination at the golf course

Sexual discrimination related to the game of golf was recently in the national headlines as the PGA Master's Tournament at the Augusta National Golf Club highlighted the clubs refusal to admit female members. But alleged discrimination at a golf club can also be found much closer to home. Four former employees of the Minneapolis Golf Club filed a lawsuit earlier this month alleging sexual harassment.

The female employees claim that two male supervisors engaged in unwanted and inappropriate touching and unwanted sexual propositions. One of the woman claimed that a supervisor had cornered her and then grabbed and kissed her.

Minnesota Senate staffer brings action for wrongful termination

While losing a job is almost always a very significant event for the person who has been terminated, it generally does not receive widespread media attention. An ongoing wrongful termination lawsuit related to the firing of a Minnesota Senate staffer, however, is making the news after allegations that he was terminated in response to a romantic relationship that was allegedly occurring between himself and a Senator for whom he worked.

This high profile incident provides an opportunity for us to examine the context for the case in a way that is usually not possible when the situation involves people who are not the focus of the public spotlight.

Twin Cities car dealership accused of sexual harassment

Everyone who gets up every day and heads off to work deserves to work in an atmosphere free of sexual harassment. An employee should not have to suffer a hostile work environment for fear of losing their ability to provide financially for themselves and their families. Unfortunately some employers either knowingly allow or even actively foster an environment where employees are subject to repeated instances of sexual harassment.

Two employees of a Twin Cities car dealership said that they were no longer willing to work in such a hostile environment and have filed a lawsuit claiming that they experienced discrimination and sexual harassment. The suit claims that the CEO and a variety of other managers and other superiors engaged in the improper behavior.

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