Workplace Harassment
‘Clear’ Circuit Split on Sexual Harassment Requires SCOTUS Review, Employee Says
The U.S. Supreme Court should weigh in on a Title VII of the Civil Rights Act of 1964 sexual harassment standard and resolve a “clear and important” circuit split, an employee argued in a Nov. 12 filing (Paskert v. Kemna-ASA Auto Plaza, Inc., No. 18-3623). The petition, originally filed in July, challenged an 8th U.S. Circuit Court…
Read MoreAddressing and Preventing Inappropriate ‘Shop Talk’
In a manufacturing environment, employees often work near each other, and the level of noise can cause conversations to go unheard by others not in the immediate vicinity. Like the quintessential example of “locker room talk,” “shop talk” in a manufacturing environment can walk a fine line between employee banter and inappropriate, or, in extreme…
Read More3 Steps to Prevent Discrimination Complaints
Claims can take a toll on an employer’s reputation, finances, culture and more — not to mention the effect on employees directly involved. While the U.S. Equal Employment Opportunity Commission reported a drop in charges received last year, the more than 72,000 filed show that discrimination and harassment complaints are still very much a concern for employers.…
Read MoreSenate Confirms 3 Commissioners, Maintaining EEOC’s Right-Leaning Quorum
The U.S. Senate this week confirmed the nominations by Republicans of three commissioners for the U.S. Equal Employment Opportunity Commission (EEOC). Keith E. Sonderling, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, was confirmed Sept. 22 with a term that expires July 1, 2024 with a vote of 52-41. Sonderling was nominated in July 2019,…
Read MoreHow HR Should Respond to Social and Political Expression at Work
Employees come to work to perform a job, but they also bring their social, political and personal ideologies, which they may choose to express in conversations with co-workers, on their clothing or in other ways. Thousands of Americans are actively engaging in social justice movements and standing up for causes such as Black Lives Matter.…
Read MoreMcDonald’s Franchisee Settles Claim That ‘People Manager’ Harassed 16-year-old Employee
Par Ventures, Inc., a North Carolina corporation that operates seven McDonald’s restaurants, has agreed to pay $12,500 to settle a U.S. Equal Employment Opportunity Commission (EEOC) lawsuit alleging that a teenage worker was subjected a sexually hostile work environment. EEOC alleged in a statement announcing the agreement that a “people manager” at one of the…
Read MoreShades of Gray: Should HR Regulate Romance at Work?
Romance at work isn’t necessarily a bad thing, but it can create consequences ranging from irritating to legally actionable. Employees can spend most of their waking hours at work, so, naturally, friendships can form; and out of some of those, romantic relationships will blossom. But sometimes those work romances cross a line or spawn consequences. The…
Read MoreIt’s Time to Review Your Employee Handbook
NLRB rulings and new anti-harassment, marijuana and leave laws may prompt changes. A new year inevitably brings new workplace laws, whether at the federal, state or local level. So January is usually a good time for HR professionals to review their employee handbook and make changes. Staying abreast of the evolving regulatory environment remains one…
Read MorePolitical Discord Is Disrupting the Workplace
Republican, Democrat and independent employees have something in common in these partisan times: Nearly half have had a disagreement in the workplace over politics, according to new research released today. The survey, fielded Oct. 7-14, suggests that many workers are involved in political discussions in the workplace and that those discussions are leading to conflicts: 56 percent of U.S. employees say…
Read MoreHas #MeToo Created a New Claim of Male-Bias Discrimination?
Often—and without much thinking—when an employer faces a claim of sexual harassment, the knee-jerk response is to discipline or terminate the man accused. It is the easiest way to go, especially if the alleged harasser is a mid- or lower-level employee, is not a stellar performer, and involved in a largely he said/she said situation.…
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