What now? 5 steps to take if your probe doesn’t corroborate harassment allegations

December 12, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its crosshairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course, when such allegations arise in the employment context, employers have a duty to investigate and to take action when there is evidence of serious misconduct, but what if your investigation does not corroborate the allegations? What then?

As an initial matter, the fact that your investigation does not corroborate allegations of harassment does not mean that they were false or that the complainant can or should be disciplined for making unsupported accusations. To a large degree, harassment is subjective, and what Documents Searchis offensive to one person may not be offensive to another. Legally, conduct must be both objectively and subjectively offensive, and severe or pervasive, and based on a protected characteristic (such as sex, race, or religion) before it may be considered harassment.

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Halloween at work: Don’t get BOOed by your employees!

October 30, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

Halloween can be such a fun holiday for kids of all ages. When October 31st falls on a weekday, as it does this year, ghoulish fun will certainly creep its way into the workplace. How can you, as a human resources professional, ensure that the day is more fun than it is scary? Simple. Just follow a few rules.Halloween theme 3

1: Make any Halloween office festivities totally voluntary

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Methinks thou doth protest too much! FYI, only ‘reasonable’ opposition is protected

October 24, 2017 - by: Marilyn Moran 0 COMMENTS
Marilyn Moran

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered “protected activity” under Title VII of the Civil Rights Act of 1964 and a myriad of other federal and state employment laws.  Hand holding protest sign

Under limited circumstances, however, an employee’s protests may cross the line from protected opposition to unprotected disruption. Specifically, an employee who engages in loud, unreasonable, and disruptive protests at work, even though the action is borne out of an attempt to protest alleged unfair treatment or discrimination, isn’t protected by Title VII. Rather, only reasonable opposition and reasonable protests are considered protected activity. read more…

Harvey Weinstein: beauty and the beastly mogul

October 12, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Over the last week, the fallout from a New York Times article regarding Harvey Weinstein has been swift and significant. On October 5, the Times published an explosive story about Hollywood producer and media mogul Weinstein’s alleged sexual harassment spanning decades. More and more women have been coming forward since the story broke to accuse Weinstein of unwelcome sexual advances and sexual assault during his time at Miramax and the Weinstein Company. The Times quoted Weinstein as stating, “I appreciate the way I’ve behaved with colleagues in the past has caused a lot of pain, and I sincerely apologize for it. Though I’m trying to do better, I know that I have a long way to go.”  Stop Sexual Harassment red stop sign held by a female

According to the Times, Weinstein has reached settlements with at least eight women over the years, and his former attorney, Lisa Bloom, has described him as “an old dinosaur learning new ways.” The growing list of allegations stands in stark contrast against Weinstein’s public image as a liberal, humanitarian, and champion of women. The Times quoted Ashley Judd as saying, “Women have been talking about Harvey amongst ourselves for a long time, and it’s simply beyond time to have the conversation publicly.”

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What’s your salary? Apparently none of my business

September 25, 2017 - by: David Kim 0 COMMENTS
David Kim

We all know that movie stars make a ton of money. I mean, a ton of moneyUnequalPay. How much? Well, last month Forbes published its list of the world’s highest paid actresses and actors for the previous year so you can see for yourself. There are certainly some surprises on the list.

No offense, but how is Adam Sandler the fourth highest paid actor at $50.5 million the past year? Admittedly, he had a murderer’s row in the 90’s that included such classics as Happy Gilmore, Billy Madison, and The Wedding Singer, but that was decades ago, and let’s just say my taste in movies when I was in high school and college was a bit more immature. “Chlorophyll? More like Bore-o-phyll! Right?”

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New media rating seeks to bring common sense to gender stereotyping

July 10, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

When my son was five and constantly arguing and negotiating for extra dessert or whatever it was that he wanted at any given time, people would often say, “You should be a lawyer!” His response was always: “I don’t want to be a lawyer because that’s a girl’s job.” While slightly humorous because lawyers are not stereotypically female, I would always respond that there was no such thing as girls’ jobs or boys’ jobs. Because I was a lawyer, he saw the world through that prism. Despite what kids see in real life–that the world is filled with men and women who do not conform to stereotypes in their careers and in division of labor at home–according to studies by Common Sense Media, movies and television have not kept up with the times; and undoubtedly, media play a huge role in how we all view the world–not just how kids do.  Gender Equality

Common Sense Media is a nonprofit organization that runs a website providing parents and teachers with advice on media and technology for kids. It publishes independent ratings and reviews for nearly everything kids want to watch, read, play, and learn. Common Sense Media is based on the premise that images kids see early in life can have a significant long-term effect on their perception of the world. While much attention has historically been focused on the impact of violent movies, video games, and other media, one of the less discussed areas is on-screen depiction of gender.

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Wonder Woman and the fight against unconscious bias

June 13, 2017 - by: David Kim 0 COMMENTS
David Kim

Not only has the recently released Wonder Woman movie garnered mainly favorable reviews, but it has been highly successful at the box office, having made more than $200 million domestically in its first two weeks of release alone. From a purely movie industry insider perspective, the success of Wonder Woman is incredibly important to Warner Brothers and the DC Comics line of movies. After subpar reviews for Man of Steel and Batman v. Superman, Wonder Woman is key to helping the aforementioned keep pace with the juggernaut that is the Marvel Cinematic Universe, which seemingly churns out title after title on an almost quarterly basis.  Wonder Woman Action Figure

More important, Wonder Woman demonstrates that a female-driven superhero movie can be not only be good but also financially successful and appeal to a mass audience both domestically and globally. In addition, the fact that the movie’s director, Patty Jenkins, is also female helps further advance the notion that female directors are just as equipped to handle big-budget, superhero-type movies. The hope of course is that this will lead to more female centric movies as well as female director roles in a genre that typically has been dominated by male figures.

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Standing ovation for Adam Jones at Fenway

Kristin Starnes Gray

Last Monday, the Orioles made headlines for more than just their 5-2 win over the Red Sox at Fenway Park.  Orioles player Adam Jones reported that Red Sox fans called him a racial slur several times and threw a bag of peanuts at him as he was entering the dugout. Police reportedly ejected 34 people, including the person who threw the bag of peanuts. The Red Sox, Boston Mayor Marty Walsh, and MLB Commissioner Rob Manfred all condemned the fans’ behavior.  Fenway park at sunset

The following day, fans welcomed Jones with a standing ovation at Fenway Park before his first at-bat. Despite recent hostility that has arisen between the two teams after Manny Machado injured Boston’s Dustin Pedroia, Red Sox starter Chris Sale stepped off the mound on Tuesday to allow more time for Jones’ ovation. In addition, Jones thanked two Boston players, Mookie Betts and David Price, for their supportive text messages. African-American players for other teams also have come forward about their experiences with being called racial slurs by fans during games.

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Fox News & Bill O’Reilly—best practices for conducting internal workplace investigations

May 01, 2017 - by: Rachel E. Kelly 0 COMMENTS
Rachel E. Kelly

Bill O’Reilly’s reign as a Fox News favorite came to an abrupt end amid a series of sexual harassment allegations against him. After the most recent allegations, Fox News hired large law firm Paul Weiss to conduct its internal investigation.    Employment Incident  Investigation Form

Workplace investigations are tough, and if your organization can’t afford (or simply does not want) to hire a legal giant to handle the internal investigation, there are some key steps to ensure the investigation is fair, impartial, and efficient.

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ADA and Batman—by Robin

March 27, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

Recently, Ben Affleck stepped down from directing the new Batman movie to focus on his recovery following recent treatment for alcoholism. His reason for stepping down was due to his belief that he was unable to give the directing role the focus and passion it requires.  Alcohol in the workplace

Alcoholism and drug addiction present complicated issues under the Americans with Disabilities Act (ADA). The ADA protects “qualified individuals with disabilities” – individuals who can perform the essential functions of their position (or the position they are seeking) with or without reasonable accommodation. “Disability” is defined as a person who has a physical or mental impairment that substantially limits one or more major life activities, or has a record of such impairment.

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