Yesterday, we addressed the risks of not letting HR do its job by investigating sexual harassment complaints. Today, we’ll discuss a recent decision underscoring the importance of thoroughly investigating employee complaints. Ironically, the subject of the investigation was an HR supervisor. One of her subordinates complained to the HR Supervisor’s…
An employer recently learned the hard way that a proper response to an employee’s complaint of harassment involves more than simply investigating it. I’ll explain. Last night, I read a recent decision from a Pennsylvania federal judge. The plaintiff, an Asian American, testified at his deposition that his supervisor often…
Image Credit: Photofunia.com (https://photofunia.com/results/5da05f89089f7acb5a8b4590) Back in the early Summer of 2017, most of the experts — the pundits, if you will — were predicting that American businesses were not going to spend as much in 2018 on advice from employment law attorneys. Then, in September 2017, along came a guy…
Image by Gerd Altmann from Pixabay More than ever, American workplaces are emphasizing diversity by targeting hires of different races, religions, ethnicities, genders, cultural and educational backgrounds, work experience, etc. This variety promotes different viewpoints, better problem-solving, a just a more dynamic workplace. Generally, this results in businesses attracting better…
Image Credit: Pixabay.com (https://pixabay.com/en/eyes-surprise-wow-expression-open-312093/) Yesterday morning, I read my friend Jon Hyman’s post on LinkedIn about a lawsuit in which a person of color alleged that various supervisors and managers: Frequently called him the “n-word”; Told him to “reach his black hands out” while handing him a box; and Offered him a…
February was a bit of a crappy month for Uber. Well, aside of the millions of dollars I trust they made in fares. The month began with the vestiges of a January protest for taking fares at JFK airport, while taxis stood in solidarity with refugees. Then, there were allegations…
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. Until now. Protecting Immigrant, Migrant and Other Vulnerable Workers. There are six EEOC enforcement priorities. While there is no hierarchy among the six,…
I’m gonna pause for a sec while you go and grab a copy of your company’s employee handbook. Now open it up to the anti-harassment policy and, click through, because your world may be about to be rocked… * * * Got your policy out? Good. Does it define harassment…
When an employer is faced with a sexual-harassment lawsuit, one of its best defenses is that the company took reasonable care (e.g., policy, training) to prevent sexual harassment (and then addressed complaints in a manner that is reasonably designed to end the sexual harassment) In EEOC v. Spud Seller (opinion…