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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Coaching reVOL-UTion: Schiano, Currie, and what school’s lawyers are analyzing right now

December 05, 2017 - by: Josh Sudbury 0 COMMENTS
Josh Sudbury

The Tennessee coaching search has produced high drama over the past two weeks. For Vol fans like myself, it has felt at times like absolute torture and at other times like just a little bit of torture. “Vol-nation” was in better spirits after the hiring of Phillip Fulmer as Athletic Director was announced, and many are pleased with the selection of master-recruiter and talented Alabama Defensive Coordinator Jeremy Pruitt as the next head coach of the Vols. Details surfaced early Thursday that Pruitt’s new contract is for 6-years at roughly $4 million per year.

Despite this stability, however, the University of Tennessee is far from out of the woods. That is because the administration is staring down the barrel of two potentially costly legal battles over separate memorandums of understanding (MOUs) with would-have-been head coach Greg Schiano and outgoing Athletic Director John Currie. As a legal blogger and avid college football fan, I have never been more excited to bring you legal analysis.

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Daddy’s Home 2—fisticuffs in the workplace

November 28, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

While the holiday season can be a time of great joy and celebration, it also can be loaded with stress. Indeed, the pressures of preparing for the holiday and spending an inordinate amount of time in close quarters with friends and familyBusinessman trying to resist huge male fist and move it can bring long-simmering feuds and frustrations to the surface. This concept is handled with humor and heart in Daddy’s Home 2. Unfortunately, as the film illustrates, such private squabbles can sometimes spill over into public places including the workplace, which is yet another reason for employers to be well-versed on conflict resolution tactics and workplace violence issues.

The second film picks up where the first left offwith our characters navigating the sometimes tricky terrain of forming a modern, blended family. Brad and Dusty (Will Ferrell and Mark Wahlberg) seem to have figured out how to work together in their respective roles of stepfather and father to raise the kids they both love dearly. However, when Brad’s hyper-affectionate, beloved father (played by John Lithgow) and Dusty’s estranged, hyper-masculine and emotionally distant father (played by Mel Gibson) come to town to celebrate Christmas, it’s a recipe for jealousies and conflicts.

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When the floodgates open, expect water at your doorstep

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

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no intention of reiterating any of the excellent points Kristin covered in her piece, it would be ignoring the obvious not to say that a lot has transpired since that breaking news story.

Virtually every day since then, additional allegations of sexual harassment and misconduct have been made against prominent public figures. Not just individuals in Hollywood (which include everyone from executives, producers, writers and actors), but also against politicians, publishers, and editors from various media organizations, news contributors, restaurateurs, and a slew of others. On top of these serious allegations, numerous individuals (both public figures and “regular” individuals like you and me) have used social media to share their own stories or harassment, not only sexually based but also other forms of harassment and bullying within the workplace.

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Workplace romances: Do they ‘Suit’ your company?

November 07, 2017 - by: Angela Cummings 0 COMMENTS
Angela Cummings

Like almost everyone I know, I love the ability to binge-watch television series these days. In fact, it is a rare occurrence that I ever watch any show at the time it actually airs. (This Is Us is a notable exception for me.) Instead, I enjoy delving into these characters’ lives several hours at a time. One such show that I am currently gorging on is Suits, which is in its 7th season and airs on the USA NetwBusinesswoman Receiving Red Rosesork. A fellow attorney recommended this show to me, but I was reluctant at first, as I often shy away from legal programsI have practiced law for almost 20 years and television should be an escape for me, right?!

For those who have yet to watch Suits, the premise is as follows: Harvey Specter is a Harvard-educated attorney at a top Manhattan corporate law firm where every case is high-stakes. He hires a brilliant associate, Mike Ross, who had falsified his background to state that he has graduated from Harvard Law School. The truth is, Mike never even graduated from college, much less law school. However, Mike possesses such a talented legal mind that Harvey keeps him on at the firm anyway. (This “falsification of workplace documents” issue involving Mike could certainly be a topic of a future blog….) While working at the firm, Mike falls for a co-worker, Rachel Zane, who is a paralegal. In her role as a paralegal, Rachel “reports” to Mike on many of the cases they handle. Mike and Rachel begin a relationship, secretly at first. Then, other co-workers at various levels learn about the relationship. While this all makes for great television, workplace romances can create headaches when they pop up in our real workplaces.

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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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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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Leaks and whistleblowers and liability, oh my!

August 07, 2017 - by: David Kim 0 COMMENTS
David Kim

Leaks are everywhere. They happen in politics, in sports, in the entertainment industry, in people’s everyday lives, and (unfortunately for many of us, myself included) in the roofs and pipes in our homes.

  • How do we know that Kyrie Irving wants a trade from the Cleveland Cavaliers? Someone leaked it to a reporter.
  • We know the official reason the new Han Solo Star Wars movie changed directors after months of shooting was because of “creative differences.” But how do we know what those specific differences were and how much animosity actually existed between the producers and the now-dispatched directors? Because someone leaked the e-mail exchanges.
  • Did you know that the most recent Game of Thrones was available for viewing before this past Sunday’s official airing? Heard someone leaked it online.
  • Did you hear that Bob really likes Kate, that their first date is next week and Bob is taking Kate to the place that Kate told Betty (who told Bob) she always wanted to try? John (who works with Bob, but also has mutual friends with Betty) leaked it to me.Trading secrets

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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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White House gone wild!

June 07, 2017 - by: Matt Gilley 1 COMMENTS
Matt Gilley

These days, just about anyone with an Internet connection and some time on their hands enjoys a wonder of the modern age: binge-watching. One of the first, and still one of my favorites, is Netflix’s House of Cards. No matter how over-the-top the plot twists become, no matter how difficult it is to follow the multilayered schemes and shifting alliances, I can’t quit the drama surrounding the Underwoods and their White House. (It also helps that I get an added bonus of local color, since Frank Underwood hails from Gaffney, South Carolina, next door to where I sit in Spartanburg. One early episode even featured the Gaffney Peachoid – look it up.) businessman and house of cards cartoon

Frank Underwood’s approach to personnel is … well, unsentimental and often brutal. We all know the rule of at-will employment: Both the employee and the employer may end their relationship at any time, with or without notice or reason. Congressman, Vice President, President, and [spoiler alert!] now Mr. Underwood seems bent on adding a little twist to the familiar rule: An employer may terminate an employee’s employment at any time by killing said employee, without notice and often without much reason. The recently released season five is no exception.

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