In the last issue of IN BRIEF, we published Part I which discussed the history of Minnesota’s Sexual Harassment Statute. Part II will be a discussion of the evidence necessary to prove a sexual harassment claim given a recent change in Minnesota law. While describing the evidence, cases are cited to support this article. Cites will be listed at the end of the article for those who may want to do legal research. A Plaintiff has the ultimate burden of proving that she suffered sexual harassment.1 Prior to the 2001 regular session of the Minnesota legislature in order to prove his case, Plaintiff had to establish: 1. plaintiff is a member of a protected group; 2. Plaintiff was subject to unwelcome sexual harassment; 3. the harassment affected a term, condition or privilege of employment; and 4. the employer knew or should have known of the harassment and failed to take proper remedial action. 2 In 2001 the legislature amended section 363.01, subd. 41 to remove the fourth element that “the employer knew or should have known of the harassment and fails to take timely and appropriate action.” The removal of this language was not intended to create strict liability (ie. that is the employer is liable automatically if an employee harasses) rather, the…
Read MoreAnger in the Workplace . . . Anger at Home First, two examples of anger in the workplace and anger at home: In the Workplace: Mr. Smith and Mr. Jones were business partners sharing an office, work space, common area, and staff. The two men had no altercations in the past, however, on one particular day an argument between the two men escalated to verbal threats, pushing and shoving. The next day, without Mr. Jones knowledge, Mr. Smith went to court and obtained a harassment restraining order by filing a petition and affidavit with the court. The court issued a temporary restraining order ordering no contact between Mr. Smith and Mr. Jones at the workplace. Mr. Jones was unable to conduct his business for almost two weeks until a hearing was held to consider the matter of changing the restraining order. Mr. Smith also went to the local police on the day of the argument and filed a complaint accusing Mr. Jones of harassment, assault, and terroristic threats. Mr. Jones was ultimately charged with a misdemeanor assault. At Home: One Friday evening Mr. Jones, after a very stressful couple of weeks, came home and found that his 13-year-old son had taken his expensive fishing rod and tackle and gone fishing. Unfortunately, his son,…
Read MoreOld Criminal Records Can Be “Off the Record” By Jon P. Erickson If you or someone you know has an old criminal record, you should be aware that lost civil rights can be restored by pursuing either a “Pardon Extraordinaires” or an “expungement” of the arrest record. When you consult an attorney about clearing up old criminal records, the first step in the process is identifying what occurred in the past. If you have an old criminal conviction, then the law allows for “Pardon Extraordinaires”. If you were arrested but the charges were dismissed or you were found “not guilty”, then you might be able to pursue an “expungement” of your arrest record. Of course, having an attorney involved at the time of your arrest, even if it is just a traffic misdemeanor, may help set up a situation that might result in making an expungement or pardon easier to get. Individuals seeking to clear past criminal records have a variety of reasons. Some want to restore their right to possess a firearm, such as a shotgun for hunting. Others want to have fingerprints and booking photos sealed to prevent future embarrassment. Lastly, having the Board of Pardons restore an individual’s “good name” may help in preventing problems in searching employment or housing….
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