Thin line between political and hate speech: What’s acceptable at work

April 17, 2016 - by: Diversity Insight 0 COMMENTS

by Holly K. Jones, J.D.

Picture it—it’s a Friday afternoon at the end of a very long week, and just as you are about to sneak out early for the weekend, one of your employees walks into your office wearing a camouflage trucker hat emblazoned with the words “Make America Great Again.” Oh perfect, you think to yourself, another Trump supporter. And before you can stop yourself, your (irrational and unproductive) irritation gets the best of you, and you find yourself remarking sarcastically, “Nice hat. Do you hate women, too?” The employee gives you a shocked look but leaves your office after getting an answer to an unrelated question, and as he walks away, you proudly tag Hillary Clinton in a tweet about how you stood up for women’s equality.  Dont Fight

A week later, you have to give the same employee a written warning for being late for the third time in the past two weeks, but when you ask him to sign the warning, he angrily accuses you of discriminating against him because he is a Republican and a Caucasian man. And he then files a complaint against you with HR.

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EEOC’s controversial EEO-1 change would root out pay discrimination

by Amanda Shelby

On January 29, 2016, the Equal Employment Opportunity Commission (EEOC), the federal agency charged with administering and enforcing the civil rights laws that prohibit workplace discrimination, proposed a significant revision to its Employer Information Report (also known as the EEO-1). The federal government uses the EEO-1 to collect demographic data about an employer’s workforce. The EEOC’s proposed amendment to the EEO-1 would require employers with 100 or more employees to report pay data in addition to their workforce demographics. So what’s the purpose of the proposed change, and how will it impact you?  Pay Discrimination

EEOC’s proposed EEO-1 changes

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What HR can do to prevent workplace violence

by Jonathan R. Mook

News reports of yet another workplace shooting have become all too frequent in our media-saturated world. The seemingly constant reports of shootings makes clear to all employers the inconvenient truth that no workplace is totally immune from the possibility that a violent incident will occur. Indeed, according to the federal Occupational Safety and Health Administration (OSHA), more than two million Americans are exposed to some form of workplace violence each year. What are your obligations to protect your employees from acts of violence, and what steps should you take to make your workplace as safe as possible?  Businessman with knife

OSH Act obligations

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Human trafficking prevention and awareness law on the horizon

by Elizabeth B. Bradley

Do you know what lurks in your supply chain? Would you sign a certification subject to the penalties of perjury stating there is no human-trafficking-related activity anywhere in your company’s supply chain? For all federal contractors, the answer must already be “yes.” But new bills pending before Congress will bring these requirements to other U.S. employers.  trafficking

Federal contractors already covered

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Prevent, don’t just pardon, manterrupting

by Dinita L. James

As a woman who has been in the workplace for nearly 35 years, I have a lot of experience with being interrupted by men. I also have experienced many times a phenomenon in which I make a point or share an idea in a meeting that does not appear to catch hold, only to hear the same thing stated by a man to widespread agreement a few minutes later.

As it turns out, those minor annoyances have been the subject of more than 30 years of social science research. In 1985, for example, a Harvard researcher collected numerous studies demonstrating that in mixed-sex conversations, women are interrupted far more frequently than men are. Extensive study of the phenomena, however, has not brought them to an end.Business team issue

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Preventing workplace bullying: Start with training and a good policy

by Sue Woods

Generally, workplace bullying can be defined as repeated unreasonable actions directed toward an employee or a group of employees that are intended to intimidate, degrade, or humiliate. In some cases, workplace bullying may involve misuse or abuse of power by supervisors or managers. In other cases, it may involve a group of coworkers targeting another worker, which is frequently referred to as “mobbing.” Bullying on the job meeting

Legislative bills that propose to address workplace bullying often contain a more detailed definition of unacceptable conduct. For example, in California’s antibullying training law, “abusive conduct” is defined as the conduct of an employer or an employee, with malice, that a reasonable person would find hostile, offensive, and unrelated to the employer’s legitimate business interests. It could include verbal abuse, verbal or physical conduct that is intimidating, threatening, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance. Proposed bills in other states have differing definitions of abusive workplace conduct.

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Categories: Flashpoint

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Training too weird even for Austin

by Mark R. Flora

Perhaps you have already heard about the recent firestorm created during a diversity training session for city employees in, of all places, Austin, the capital of political correctness. The training was actually held in March, but the uproar followed an article in the Statesman in May. The hue and cry was loud enough to be heard in Washington, D.C., after the Washington Post weighed in. How can diversity training, which is good, go so bad? Business training

By way of background, I should explain that the Austin City Council now has a female majority for the first time, which may well have been the impetus for the training session. City spokesman David Green said the intent of the training session was to celebrate the female commissioners’ success stories and provide an opportunity to learn from the women themselves. As we all know, however, the road to hell is paved with good intentions.

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We’ve come a long way, maybe

by Susan G. Fentin

I’m old enough to remember a time when sexual harassment wasn’t illegal, in the era before the courts began to apply Title VII of the Civil Rights Act of 1964 to such claims. I have vivid memories of getting a “back rub” from a manager in the small office where I was doing temporary secretarial work during a college vacation. It was, frankly, creepy, but I had no real recourse. I needed the job, and from a practical standpoint, there really wasn’t anyone I could complain to. From a legal standpoint, sexual harassment didn’t become actionable under Title VII until 1977, and it wasn’t until 1988 that the courts began to consider “hostile work environment” a valid claim of sexual harassment.  Sexual harassment

Now, of course, hostile work environment is a term that covers all forms of harassment focused on or because of an individual’s membership in a protected class, and it’s also used by employees who are merely objecting to a boss they believe is harsh or unreasonable or a workplace environment that’s toxic because employees just don’t get along. But you would think employers have learned that sexual conduct in the workplace is simply too risky to tolerate.

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Recent events confirm racists, misogynists are not extinct

by Dinita L. James

Last July, the nation celebrated the 50th anniversary of the Civil Rights Act of 1964. The focus rightly was on how far we have come as a society in eliminating discrimination on the basis of race, color, religion, national origin, or sex.

Close on the heels of that celebration, however, recent events provide some distressing reminders that bigotry is not dead.

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It’s time to get on the winning side of the sexual orientation issue

Not long ago, I heard a story about George Wallace, Alabama’s governor in the 1960s and one of the leading advocates for Jim Crow laws and segregation. He is well-known for his “stand at the schoolhouse door,” where he attempted to prohibit two black students from registering for classes at the University of Alabama. The story was told through the eyes of his daughter, who is now 63 with a family of her own. She talked about trying to overcome her father’s reputation and how she now works to promote racial healing. Gay Pride Flags

I felt sad for Wallace’s daughter, who acknowledged her father’s faults and is trying to change her family’s legacy. I was dumbfounded at the way someone could hold onto and promote an idea that denied individuals equality and had been rejected by the U.S. Supreme Court years before.

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