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Worklife Quotes Roer and Stutz on Employees “Caught Red-Handed”

May 5, 2022
Ricki Roer (Partner-New York, NY) and Laura Stutz (Of Counsel-Florham Park, NJ) were quoted in Digiday's May 4, 2022, Worklife Newsletter in an article titled "Caught red-handed: What happens when employees are found watching pornography in the workplace?". The article explored how employment laws and policies differ worldwide. Ricki and Laura discussed one key difference in this regard, the affirmative obligation placed on US employers' to investigate hostile workplace environment workplace concerns of which they are aware and implement corrective actions sufficient to ensure that the conduct ceases. According to Ricki: "This conduct, if left uncorrected after notice, would constitute a hostile work environment and create legal exposure for the employer. An employer has the duty and the discretion to assess what constitutes reasonable corrective actions." What constitutes reasonable corrective actions are a fact dependent assessmenr, and could include a range of  responses from trainings and counseling to suspensions and terminations. Laura agreed noting: "U.S. laws impose a duty on employers to investigate and stop inappropriate workplace behavior."

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