$450,000 Sexual Harassment Settlement Highlights the Seriousness of the Problem

HRWatchdog

Nearly one-third of all EEOC complaints are sex discrimination charges (which includes sexual harassment). Employers are well aware that sexual harassment is unlawful under both California and federal law, but that doesn’t stop the problem from occurring. Sex discrimination charges (which include sexual harassment charges) constitute nearly one-third of all claims filed with the federal Equal Employment Opportunity Commission (EEOC).

Why Isn’t Workplace Sexual Harassment Training Working?

HR Daily Advisor

As I write this article, the newspapers and airwaves are filled with more reports of alleged sexual harassment in workplaces around the country. It’s as though the media has suddenly discovered a whole new world of discrimination to report on. Almost every HR department has conducted workplace training that explains what sexual harassment is, the consequences for engaging in such behavior, and the remedies available to the person who is being harassed.

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$450,000 Sexual Harassment Settlement Highlights the Seriousness of the Problem

HRWatchdog

Nearly one-third of all EEOC complaints are sex discrimination charges (which includes sexual harassment). Employers are well aware that sexual harassment is unlawful under both California and federal law, but that doesn’t stop the problem from occurring. Sex discrimination charges (which include sexual harassment charges) constitute nearly one-third of all claims filed with the federal Equal Employment Opportunity Commission (EEOC).

Tips to Prevent Sexual Harassment in the Workplace

HR Daily Advisor

Nearly everyone knows that sexual harassment in the workplace is illegal. But not everyone knows exactly what constitutes sexual harassment, and what employers can do to prevent it. Let’s review the legal definition of sexual harassment, and then take a look at some tips for employers on preventing sexual harassment in the workplace. Legal Definition of Sexual Harassment.

The Tone Starts at the Top: Sexual Harassment Prevention Training

HRWatchdog

Statistics show that sexual harassment remains a big problem for employers. Sexual harassment is not a problem of the past. Lately, it seems that not a week goes by without another news report on allegations of rampant harassment at high-profile companies. Most employers are well aware that sexual harassment is unlawful under both California and federal law, but that doesn’t seem to stop the problem from occurring.

Something wrong with a little bump n’ grind. Sexual harassment, perhaps.

The Employer Handbook

And then I’m like… But then, on Sunday, it’s back the Bloggerdome for a new post. Kelly a recent Fourth Circuit decision in which the appellate court recognized that a single incident — one touch — may create a hostile work environment. The case is called Jones v. She claims that her male supervisor gave her the creeps. And while this is a sexual harassment case, most of the incidents described in the complaint had nothing to do with sex.

Why Do Some Get Away With Sexual Harassment

Workplace Coach

How do they get away with sexually harassing those who work for them? Here’s why: The CEO/”star” exemption. More than thirty women accused the 65-year old Weinstein of harassment. His sexual misconduct, including rape allegations, constituted an open secret, publically joked about during the 2013 Oscars. One accuser described the balance of power as me: 0, Harvey Weinstein: 10. Did harassment cost Ailes, O’Reilly or Weinstein?

Today’s Sexual Harassment Case: Elf v. Santa

HR Daily Advisor

Drelling shared the story of a sexual harassment complaint in Santa’s workshop and how the company handled it so very ho ho horribly wrong; today, Drelling shares how the company should’ve handled the situation with this mall Santa. Drelling, who serves as general counsel of the Restaurant Division at Specialty Restaurants Corp., wrote the following analysis. Note that the suspension of Santa is not a determination of wrongdoing.

Job blackmail is not the quickest way to a girl’s heart

OmegaHR Solutions

Sexual harassment is not the best way to get a girlfriend. Over the history of mankind men have tried multiple ways to woe women. The EEOC just published a press release that tells the case of a supervisor in a Florida garden nursery who apparently was attracted to one of his subordinates. Using the “power and position” ploy often does not work and as you might suspect the worker refused his advances. The Settlement. Training.

Is Workplace Bullying Illegal?

HR Counselor's Corner

Workplace bullying is on the rise. Merriam-Webster’s dictionary defines bullying as “abuse and mistreatment of someone vulnerable by someone stronger or more powerful,” In the workplace, that could include verbal or written teasing, intimidation, or threats to cause harm. It might take the form of public reprimand, belittling or regularly excluding someone from meetings or social gatherings of their peers. Believe the accuser until proven otherwise.

Cornerstone Report Details Effects of Toxic Employees in the Workplace

Cornerstone On Demand

They are the folks that always have something negative to say in a meeting. The ones who join the conference call halfway in, if they even bother to show up. They not only cause frustration, they can cause significant damages to the workplace. Toxic employees make their teammates 54 percent more likely to quit and cost employers up to three times more in hiring fees, according to our latest report, “ Toxic Employees in the Workplace.”

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Workplace Harassment Focus of EEOC Meeting

HRWatchdog

Workplace harassment is alleged in approximately 30 percent of all charges filed with the U.S. By identifying underlying problems in workplaces and industries where we see recurring patterns of harassment, we are developing strategies that focus on targeted outreach and education as well as systemic enforcement to promote broader voluntary compliance,” Yang said at the EEOC’s meeting on January 14. Unlawful harassment does not just mean sexual harassment.

Huge $5M EEOC settlement spotlights an enforcement priority that you may be overlooking

The Employer Handbook

In late December of 2012, the EEOC approved its Strategic Enforcement Plan for 2013-2016. Sadly, one of the agency’s enforcement priorities has been ignored on this blog. While there is no hierarchy among the six, “ protecting immigrant, migrant and other vulnerable workers ” is the one that seems to slip under the radar. Last week, the EEOC’s enforcement efforts paid off with a $5 million settlement.

HR Basics: Temp Employees Really Need Anti-Harassment Training, Too

TLNT: The Business of HR

As one employer found out, it’s easy to slip up when training (or not training, as the case may be) temporary workers. For example, in this recent case , a temporary employee alleged that she was a victim of sexual harassment. The company defended by arguing that, when it later hired the plaintiff as a full-time employee, it provided her with an employee handbook with an effective anti-harassment policy. Meyer’s blog, The Employer Handbook.

#Employee Feedback Is The Killer App #HR

TalentHQ

A new market has emerged: Employee feedback apps for the corporate marketplace. These tools are powerful and disruptive, and they have the potential to redefine how we manage our organizations. As the economy grows and the job market gets hotter, employee engagement and retention have become a top priority. As I discuss in Why Culture is the Hottest Topic in Business , most CEOs are bending over backwards to make their company a “great place to work.”

[Webinar] Whew! Harassment Investigation Done – Or Is It?

HRWatchdog

You’ve worked closely with your legal department to investigate a harassment complaint, taken corrective action and disciplined the harasser. So why are your employees spreading rumors, and why is the employee who filed the initial complaint now filing a second one alleging retaliation? CalChamber’s live 60-minute webinar on September 17 covers critical steps to “heal the workplace” by implementing a Healing Process Protocol. The post [Webinar] Whew!

It’s another “when a hostile work environment isn’t a hostile work environment” post

The Employer Handbook

Second verse, same as the first. All of us have heard the words “hostile work environment” bandied about to the point where the most minor slight in the office can supposedly create a hostile work environment. The Court must look at the totality of the circumstances, and view the harassing conduct in context, not as isolated acts. The Beamon Court further relied upon a Fourth Circuit case, Greene v.

Cornerstone Report Details Effects of “Toxic Employees” in the Workplace

Cornerstone On Demand

They are the folks that always have something negative to say in a meeting. The ones who join the conference call halfway in, if they even bother to show up. They not only cause frustration, they can cause significant damages to the workplace. Toxic employees make their teammates 54 percent more likely to quit and cost employers up to three times more in hiring fees, according to our latest report, “ Toxic Employees in the Workplace.”

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Time’s Up: I Am Woman, Hear Me Roar

HR Daily Advisor

“So I want all the girls watching here, now, to know that a new day is on the horizon! And when that new day finally dawns, it will be because of a lot of magnificent women, many of whom are right here in this room tonight, and some pretty phenomenal men, fighting hard to make sure that they become the leaders who take us to the time when nobody ever has to say ‘Me too’ again.” – Oprah Winfrey at the 75th Annual Golden Globe Awards.

Yes, employees can fight workplace harassment with social media

The Employer Handbook

By now, who among us: the lawyers, the HR professionals, the owners (Hi there, Mark Cuban, thanks for reading again today), has yet to deal with an allegation of workplace harassment involving social media. ” But, how many of us have explored ways that our employees can use social media to address concerns about workplace harassment? A big issue for the EEOC Task Force. ” Before the EEOC, Ms. It’s almost 2016.

Should an Office Romance Be Allowed at Work?

Stratus

According to a 2015 Vault Office Romance survey , 51% of workers admitted to being in an office romance at some point in their career. Since they’re probably already happening, a better strategy is to be aware of the dangers and to have a plan in your back pocket of how to cautiously handle any workplace love connections. Although they make work much more exciting for the couple involved, office romances provide a number of workplace issues.

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Why Workplace Harassment Persists—And What Employers Can Do About It

HR Daily Advisor

Complaints of sexual harassment and sexual misconduct have dominated the news recently with allegations ranging from sexual threats, to groping, to sexual assault. While the allegations have made the news because they involve people in the entertainment industry and politics, it’s readily apparent from the thousands of stories shared using #MeToo that sexual violence and harassment remain a widespread problem.

When one act is enough for harassment

Ohio Employer's Law

To be actionable, the offensiveness of alleged harassment needs to be either pervasive (that is, happening often) or severe (that is, shocking to the system even if observed only once). 8/24/15) [pdf] , a federal appellate discussed the difference in the context of a male employee who exposed himself to a female co-worker. The environment was objectively hostile, and Ms. Related Stories Does smoke always equal fire in harassment cases? harassment

EEOC Reconvenes Workplace Harassment Task Force

HRWatchdog

The task force will hear from a variety of panelists during the meeting. The #MeToo movement continues to focus on workplace sexual harassment, and, this week, a federal agency reconvened a task force on the same issue. The U.S. Equal Employment Opportunity Commission (EEOC) announced they will reconvene their Select Task Force on the Study of Harassment in the Workplace. The meeting is open for public observation.

California Moves to Amend Discrimination and Harassment Regulations

HRWatchdog

The California Fair Employment and Housing Council continues to move forward with proposed amendments to Fair Employment and Housing Act (FEHA) Regulations, and the public is invited to submit comments to the recent modifications. FEHA prohibits harassment and discrimination based on protected classes. Required content, dissemination and translation of harassment and discrimination policies. The definition of time off for purposes of pregnancy disability leave.

And another thing…Her too

hrpockets

Another thing that unexpectedly took up a lot of brain space for me in 2018 goes all the way back to a conversation that started in 2015. For several years now I’ve been part of the SHRM Blog team that gets a pass to conference each year in exchange for writing about the event. Even though this was my third time being at annual conference, I still didn’t know a lot of the group and I kind of stuck to myself at these events and a handful of familiar faces.

Stop Wasting Time Measuring HR Data

UpstartHR

You need to know ahead of time (or at least have a general idea) about how the information can help you. If you’re gathering data for the sake of gathering data, then you are wasting time and resources, and you’re probably harming your credibility as well. On the other hand, if you started with a plan to associate the data with business outcomes to actually prove a point, then carry on. Here’s the twist. Please.

Data 163

Not enough money spent in HR teaching the rules

OmegaHR Solutions

Managers need training that will prevent discrimination lawsuits. I read a lot of articles and newsletters from law firms and the government looking for topics for this blog. Here is a list from the EEOC : ABL Management to Pay $35,000 to Settle Retaliation Lawsuit with EEOC. Mine Rite Technologies Sued For Disability Harassment And Discrimination. Mariscos Altata Sued by EEOC For Sexual And Age-Based Harassment and Retaliation. Spending on training.

A lesson in how NOT to respond to a harassment complaint

Ohio Employer's Law

Diana Retuerto worked in the office of Berea Moving & Storage. She claimed that the company’s owner, Willard Melton, made “verbal advances” towards her, including comments about dreams he was having about her, her physical appearance, and questions about her makeup and hair. After Retuerto reached her limit, she quit and sued for sexual harassment. Obviously, condoning acts of sexual harassment as a “mid-life crisis” is a horrible idea. harassment

5 more reasons why your workplace anti-harassment training is ineffective

The Employer Handbook

“There’s Little Evidence Sexual Harassment Trainings Work,” wrote Madison Pauly in this article at Mother Jones. Pauly notes that the U.S. Equal Employment Opportunity Commission received over 162,000 EEOC Charges of Discrimination between 2010 and 2015. Here’s my hot take on five more reasons why your workplace anti-harassment training is ineffective. First , you bought flood insurance after the flood.

Some harassment shouldn't be in the eye of the beholder

Ohio Employer's Law

A hostile work environment is hostile for one of two reasons—the alleged misconduct is either severe (overtly offensive), or pervasive (repeatedly offensive). The more severe the misconduct is, the less pervasive it has to be. In this context, consider the following from Satterwhite v. No reasonable person would believe that the single “Heil Hitler” incident is actionable under Title VII. Some harassment shouldn’t be in the eye of the beholder.

Rethinking the Holiday Office Party in Light of Harassment Scandals

HRWatchdog

Some companies may be rethinking their traditional office holiday party this year due to the spotlight on workplace harassment and the nearly daily allegations against individuals in high profile companies, Hollywood, the media and government. The office party has long been a potential powder keg. Add a relaxed and celebratory atmosphere to an open bar, music and dancing at an off-site location and all you need is one lit match for it to explode.

Top 10 Problems with Office Romances????

HRWatchdog

In Vault.com’s 2015 Office Romance Survey? , Although employers should generally avoid inquiring into an employee’s off-duty activities, particularly in the absence of a showing of any impact at work, an employer may rightly be concerned about liability related to workplace romances. One concern for employers is that if the relationship goes bad — and many will — one of the employees may bring a claim for sexual harassment or sexual discrimination.

The other side of the coin on the appropriate response to harassment

Ohio Employer's Law

Last week I discussed the importance of a timely and effective remedial response by an employer to an employee’s harassment complaint. Today, I examine the other side of the coin—what happens when an employer does not take proactive steps to eliminate harassment from the workplace. The allegations of sexual harassment in Ellis v. While those allegations are bad, the company’s response was even worse.

A data breach is often an employee problem

OmegaHR Solutions

According to the Verizon 2015 Data Breach Investigations Report “phishing” is still a major source of data breaches. They found that 23% of recipients of phishing emails were opening them and 11% were clicking on the links in the email. Fifty percent of these people were opening and clicking within one hour of having receiving the email. Therefore, an employee letting the breachers in the door is a big problem. Training and awareness.

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