Jenner, Dolezal, and the transformative debate

June 22, 2015 - by: David Kim 0 COMMENTS
David Kim

The names Caitlyn Jenner and Rachel Dolezal have been inexorably intertwined over the last couple weeks by the mainstream media and social pundits, including a debate as to whether these two individuals’ circumstances should even be intertwined because they represent entirely different discussions regarding social justice and identity. Identity Crisis

As most know, Caitlyn Jenner, formerly known as Bruce Jenner, came out publicly as transgender and her transition has been a fairly high-profile affair. Other than negative reactions from a select faction of people, Jenner has received mainly overwhelming support. Not so for Dolezal, a former head of the Spokane, Washington, NAACP chapter when it was recently revealed she is actually Caucasian but claims to identify as black. Dolezal has received criticism from all-comers regardless of race, age, or political or social affiliation.

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Ode to Letterman: EntertainHR’s own Top 10

June 06, 2015 - by: David Kim 0 COMMENTS
David Kim

David Letterman, a late-night staple for 33 years, aired his final episode on May 20, 2015. Whether you preferred Johnny, Leno, Conan, Kimmel, or Fallon, no one can deny Letterman’s impact on pop culture, and the fact remains that he retires as the longest-serving late-night talk show host in American television history. While there were certainly some missteps along the way (the “Oprah…Uma” Academy Awards debacle undoubtedly qualifies), Letterman’s comedic and late-night chops cannot be denied. CBS Late night show entrance sign

As Letterman’s career winds down, our EntertainHR blog approaches just its one-year anniversary next month (after many years of chronicling the TV show The Office in Ford Harrison’s earlier blog “That’s What She Said”). Therefore, in homage to Letterman, and in the vein of shameless self-promotion, we contributors to EntertainHR have decided to regale our readers with a top 10 list.

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Mad Men ends: What have we learned?

May 19, 2015 - by: Josh Sudbury 1 COMMENTS
Josh Sudbury

The seven-season-long nonstop drink-and-smoke-a-thon that was Mad Men has come to a close. Were you entertained? Were you satisfied? Better yet, did you learn anything?800px-Mad_Men_(logo).svg I will spare you my personal thoughts on the merits of the ending as there are countless commentaries available on the Web. (Really, it’s amazing how many there are.) Suffice it to say that the “ending” appeared to bring more new beginnings than closure: Roger Sterling’s (third) marriage to Marie Calvet; Joan’s new production company; Pete Campbell’s new job at Lear Jet; Ken Cosgrove at Dow Chemical; Peggy and Stan finally admitting they loved each other (though no one makes falling in love more awkward than Peggy Olson); and, last but not least, Don/Dick Draper/Whitman with his back to the California coast dreaming of the most iconic Coca-Cola ad of the 20th Century.

From the perspective of an employment lawyer, one of the most notable developments that occurred in the last few episodes, however, was not one of the evolution (or devolution) of the individual characters, but the constant upheaval at the advertising behemoth, McCann Erickson. The second half of the final season begins with the revelation that McCann’s acquisition of Sterling Cooper was not a partnership but, rather, Jim Hobart’s mastermind plan to fold the old competitor into McCann’s ever-increasing portfolio–even at the expense of several expensive conflicts-of-interest. But, the Titanic of the ad world can’t hold on to it all. And, companies of all sizes and industries can take a few lessons.

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A Word for the EEOC from Bob Kazamakis*

May 04, 2015 - by: Matt Gilley 0 COMMENTS
Matt Gilley

Do I look like someone who would waste my own time?

Robert California, The Office

This post takes us back to “That’s What She Said,” Ford Harrison’s earlier and excellent chronicle of The Office. After Michael Scott’s departure for marital bliss with zany HR manager Holly Flax, Dunder Mifflin floundered about in search for a new captain. For one season, that captain was Robert California, played by James Spader. California was a weirdo – a bottomless pit of self confidence, obsessed with sex, enigmatic, and prone to opaque monologues and odd rhetorical questions like the one above. United States Supreme Court

That quote popped to mind last week when I saw that the Supreme Court had decided Mach Mining, LLC v. EEOC. Mach Mining began like most EEOC charges. A female applicant filed a charge with the EEOC claiming that the company, a coal miner (not the kind of business that gets much federal agency love these days, anyway) failed to hire her because she was female. The EEOC investigated and found cause regarding the claimant and a class of similarly situated female applicants. Like other cases involving a cause finding, the EEOC sent Mach a letter to inform the company of the decision and invited it to participate in the EEOC’s informal conciliation process (many of you have likely been through similar situations). So far, so good.

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Pay the lady

February 24, 2015 - by: Brian Kurtz 2 COMMENTS
Brian Kurtz

Patricia Arquette won the Oscar for Best Supporting Actress at this year’s Academy Awards, and people are still buzzing about her acceptance speech where she exclaimed: “It’s our time to have wageshutterstock_225011584 equality once and for all, and equal rights for women in the United States of America!”

Arquette will be pleased to know that the Equal Employment Opportunity Commission (EEOC) vigorously administers the Equal Pay Act, which guarantees equal pay for equal work. In fact, an EPA complainant doesn’t even have to file a charge with the EEOC and, unlike with Title VII or the Americans with Disabilities Act, can proceed straight to court with a lawsuit.

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‘Transparent’ brings gender identity issues to forefront

February 13, 2015 - by: Kristin Starnes Gray 1 COMMENTS
Kristin Starnes Gray

Amazon’s streaming series Transparent follows Maura Pfefferman (born Morton Pfefferman and played by Jeffrey Tambor of Arrested Development fame), a retired political science professor and parent of three adult children, as she finally reveals to her family that she has always identified as a woman. The show’s creator, Jill Soloway, was inspired by her own father, who came out as a transgender woman. Behind the scenes, Soloway has gone to significant lengths to ensure that the story of Maura’s journey is treated with sensitivity and respect.  Transgender Symbol

For example, Soloway has enacted a “transfirmative action plan,” which has included hiring at least 20 transgender cast and crew members, more than 60 transgender extras, and two full-time transgender consultants. In addition, all the bathrooms on set are gender-neutral, and Soloway has distributed copies of Julia Serano’s trans memoir “Whipping Girl” to her cast and crew. Not only has the show’s subject matter and Soloway’s hiring/workplace practices broken new ground, but Transparent also has made Amazon the first digital streaming service to win a Golden Globe for Best Television Series with Tambor also taking home the Golden Globe for Best Actor in a Television Series, Musical, or Comedy.

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BFOQ FTW

January 04, 2015 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

YOU are a seasoned HR pro.  YOU understand the difference between Internet slang–omg, imho, lmao–and the Title VII defense of BFOQ.  We must discuss the BFOQ exception–bona fide occupational qualification–in the wake of the Abu Dhabi adventures of actress, singer, and ex-Biebs girl Selena Gomez.  ICYMI (see what I did there?), a picture surfaced of Gomez in a mosque taken while she and some pals were vacationing in Abu Dhabi. In the photo, Gomez clearly flashes her (NSFW alert) … ankle. shutterstock_194149595

Context is important. Gomez was a female in a mosque in the United Arab Emirates. Mosque rules prohibit “intimate behavior,” including a female’s failure to wear ankle-length garments. Could a U.S. employer refuse to hire or employ a female because it did business in Arab countries with decisionmakers who were devout Muslims?

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Ranking the high court

December 01, 2014 - by: Matt Gilley 0 COMMENTS
Matt Gilley

When football season kicked off earlier this year, I took the chance to glean some insights for HR professionals from the difficult job facing the new college football playoff selection committee. Now that we’re coming up on the end of the football season, I’m turning to the committee once more for inspiration.shutterstock_105026918

As I write, the selection committee is chewing over this weekend’s results and will let us know its judgment on the four best teams (so far) in college football. Soon, they will choose the “final four” who will play a two-week tournament to decide the national champion. Right now, Alabama and Oregon are pretty much the consensus #1 and #2. Despite Florida State’s best efforts to play their way out of this thing, they keep finding ways to win and are generally #3 by default. Mississippi State (last week’s #4) took it on the chin from their archrival, Ole Miss, so the committee will apply its eye test and pick a new #4 (and leave an angry #5 and #6). My money is on TCU at #4.

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The Abominable Boss Man

October 31, 2014 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

In honor of Halloween, this post will address some of the many potential workplace issues in the Pixar film, Monsters, Inc.  If you’ve been living under a rock and have managed to not see this film (or its recent sequel), here’s a quick recap. A city called Monstropolis is inhabited by monsters and is powered by the screams of children in the human world. shutterstock_98138216At Monsters, Inc., employees (or “Scarers”) have the job of scaring human children and collecting their screams to power the city. The company, however, is facing a serious dilemma and potential energy crisis, as human children are become harder to frighten. Through a series of amusing misadventures, the top Scarer, Sulley, and his best friend, Mike, end up caring for a little girl they dub “Boo.”

In trying to return Boo safely to the human world, Mike and Sulley discover that one of the Scarers, Randall, plans to kidnap children (particularly Boo) and use a torture machine on company property to extract their screams. Randall tries to use the torture machine on Mike, but Sulley saves the day. Sulley reports Randall and his torture device to the company chairman, who responds by promptly exiling Mike and Sulley to the Himalayas. I won’t spoil the ending for the two or three of you who have not yet seen the movie.

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A blooper of historic proportions

September 22, 2014 - by: Kristin Starnes Gray 1 COMMENTS
Kristin Starnes Gray

Downton Abbey recently made headlines with what some are calling “the water bottle seen around the world.” In an uncropped version of a publicity photo, Lord Grantham and Lady Edith are seen standing in front of a stately mantel upon which a bottled water is perched looking hilariously out of place. shutterstock_58173862Turning an amusing blooper into a positive,  the show posted to its Instagram account a photograph of the cast holding water bottles on set along with a link to the website for WaterAid, an international organization dedicated to providing clean water to underserved communities.  The cast and crew decided they wanted to turn some of the attention toward a water issue that truly matters.

The water bottle blooper was particularly noteworthy, given the amount of time and effort that clearly goes into making the show look and feel authentic to viewers. In fact, Sophie McShera (who plays the cook’s assistant, Daisy) revealed that, for the sake of preserving their historic look, there is a no-wash policy when it comes to the costumes, which makes for one smelly cast. According to McShera, there are patches in the costumes’ armpits that are washed separately, but “we do stink.”

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