Labor & Employment Law

The Bottom Line: One word folks, "Hello!!!" I don't know enough about the evidence presented at trial to offer an opinion as to whether this conduct was directed at Ms. Orlando based on her gender. Never the less, if you are an employer that condones conduct in which an employee is humiliated or hit, you will find yourself getting "spanked" by a jury. Alarm One may have been successful in getting this case reversed due to an error in the jury instructions, however, it may find itself in the same predicament if this case is tried again. Even if a jury does not find this was sexual harassment, a jury could conclude that the conduct was an assault (battery) and/or that, by allowing employees to be treated in this fashion, the company engaged in intentional infliction of emotional distress. If this case arose in Washington, Ms. Orlando could have also sued the managers that allowed these practices to occur.

Nothing in this Blog should be considered legal advice or to form the basis of an attorney client relationship. Every legal matter can turn on specific facts. Nothing can substitute for the advice of a seasoned legal professional.