Live long and diversify your workforce

March 02, 2015 - by: Andy Tanick 1 COMMENTS
Andy Tanick

The death of Leonard Nimoy this week brought back many memories of the actor’s classic portrayal of Mr. Spock in the original “Star Trek” television series and subsequent movies, as well as his talents as a photographer, writer, and lecturer.Man giving Vulcan salute

Spock, as personified by Nimoy, embodied many qualities that employers value in their workforce, such as intelligence, logic, and loyalty. But as I was lying awake at night desperately trying to think of some justification for paying tribute to Nimoy–who was, by all accounts, truly a kind, thoughtful, and intellectual man–in a blog about employment law, something else struck me: how “Star Trek” depicted the ultimate diverse workplace, decades before anyone was even talking about such things.

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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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4 slam-dunk tips for HR pros from Spurs’ NBA success

June 16, 2014 - by: Matt Gilley 0 COMMENTS
Matt Gilley

I’m a Wake Forest basketball fan from way back, so I’ve followed Tim Duncan’s professional career closely since 1998. All the sports fans out there are well aware by now that Duncan’s San Antonio Spurs won their fifth NBA title last night in convincing fashion over the Miami Heat. All the Spurs’ titles have come during Duncan’s career, and Duncan has only known one coach–Greg Popovich–since San Antonio selected him first in the 1997 NBA draft. shutterstock_173318291

The Spurs’ success since 1998 offers several tips and pointers for HR professionals. I list several below, in no particular order:

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Clip[pers] his tongue!

April 28, 2014 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

This past week the biggest story in the NBA was not the excitement of the first round of the playoffs, but the comments L.A. Clippers owner Donald Sterling allegedly made to his girlfriend. In an audiotape released Friday by TMZ, a man (allegedly Sterling) is heard chastising his girlfriend for associating with black people and bringing them to his team’s games.  ThatsRacist Several authors and bloggers have already written about the deplorable worldview espoused by the man in the tape alleged to be Sterling so I won’t rehash the obvious. Indeed, the audio reveals personal views one might expect to be held by resisters of the civil rights movement, but not by that of the owner of an NBA franchise 50 years after the passage of Title VII. But a different lesson about our times can be learned from the incident, which concerns the prevalence of audio and video records in today’s world. In our technology-laden society, every smart phone doubles as a camera, tape recorder, video camera, word processor, etc. You name it, and your phone—and your employees’ phones—can probably do it, including secretly recording conversations between themselves and supervisors. On top of that, it takes almost zero technical savvy for someone to make a recording and post it to YouTube, Twitter, Facebook, or any number of social media sites instantaneously. The majority of states permit the secret recording of conversations so long as at least one party to the conversation consents to the recording. In those states, such an audio recording could wind up as evidence against the company in court or before a government agency. In the Clippers’ case, it’s the owner himself who is alleged to have made the statements. So, it’s obvious that his statements reflect directly on the organization. But would the result be any better if one of your mid-level supervisors was caught on tape making an off-color joke or sexually charged comment about another employee? The answer is simply no. In addition to the potential liability that may arise from such statements in a discrimination or harassment lawsuit, the company almost certainly would lose the verdict in the court of public opinion. All hope is not lost, however. Employers can minimize the potential for such occurrences by committing to provide anti-discrimination and anti-harassment training for their managers on at least an annual basis. You should also remain in contact with your workforce and get to know your managers. Many times, when a manager is caught on tape making these kinds of statements, it isn’t the first time. Being present in the workplace will help you identify potential bad apples as well as remind your employees to be on guard because their words and actions are being noticed. Finally, employers can adopt and enforce policies prohibiting employees from making secret records in the workplace. Such policies help foster open communications in the workplace and protect confidential or trade secret information. Employers, however, would be wise to consult with outside counsel before implementing or enforcing such a policy to ensure it doesn’t encroach on employee rights. In the hopefully unlikely event you have an employee who sympathizes with Mr. Sterling’s alleged views, nothing short of a muzzle may be appropriate.

Robertson a sitting duck after controversial quotes released

December 19, 2013 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

Duck Dynasty patriarch Phil Robertson and his family are most likely not enjoying a Happy Happy Happy Holiday after his recent GQ interview hit newsstands. In the interview, Robertson is quoted as saying:

“It seems like, to me, a vagina—as a man—would be more desirable than a man’s anus. That’s just me. I’m just thinking: There’s more there! She’s got more to offer. I mean, come on, dudes! You know what I’m saying? But hey, sin: It’s not logical, my man. It’s just not logical.”

When asked what he considered sinful, Robertson elaborated:

“Start with homosexual behavior and just morph out from there. Bestiality, sleeping around with this woman and that woman and that woman and those men . . . .”

[For greater context and to get Robertson's full quotes on the subject, I encourage you to read the entire GQ article, which you can find here.]

In response, A&E Networks put the eldest Robertson on “indefinite hiatus” from filming, issuing a statement saying the network is “extremely disappointed” to read Robertson’s comments, which A&E notes “are based on his own personal beliefs and not reflected in the series Duck Dynasty.”

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Dress for success

October 13, 2013 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

This season, the network that originally brought you “COPS” is giving the oversaturated police-television show market a somewhat fresh take through its cop comedy called “Brooklyn Nine-Nine.” The show stars Andy Samberg as Det. Jake Peralta, a “talented, but carefree” (Fox’s words—not mine) detective dealing with his new hard-nosed, rule-following boss, played by Andre Braugher. You may remember Samberg from his digital shorts on Saturday Night Live, or as one-third of the comedy music act, Lonely Island. While the premise of Samberg’s new television venture is pretty standard, the show itself has so far proved funny and entertaining.

The show draws a good bit of its humor from the seemingly awkward to downright inappropriate workplace interactions among the cast members. From attempted interoffice relationships to inappropriate nicknames, to openly gossiping about the new boss’s assumed sexual preferences, just the pilot episode racks up quite a stack of complaints for the NYPD’s human resources department to wade through. But buried hidden behind the more overtly inappropriate conduct was a workplace issue that has recently been brought to the forefront of HR law—employee dress codes.

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