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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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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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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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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Providing grief relief in age of mass shootings

October 04, 2017 - by: Rachel E. Kelly 0 COMMENTS
Rachel E. Kelly

Las Vegas City SunsetThe headlines rang out early Monday morning as many of us were preparing to leave home for work: DEADLIEST MASS SHOOTING IN US HISTORY. Coffee. IT WAS MADNESS. Toasted bagel. 50+ KILLED, MORE THAN 500 INJURED. Orange Juice. THERE WAS BLOOD EVERYWHERE.

Sunday night at the highlight concert of the Route 91 Harvest Festival, 64-year-old Steven Paddock smashed out two windows in his 32nd floor suite at the Mandalay Bay Hotel and Casino in Las Vegas and rained down terror on the 20,000+ unassuming concertgoers at the festival below. To date, the death toll has risen to 59, with more than 527 injured victims.

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Solar eclipse guide for employers

August 21, 2017 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Today’s solar eclipse is expected to be an exciting, once-in-a-lifetime opportunity with people from all over flocking to the path of totality.  While this will likely mean considerable economic benefits from tourism, it is also expected to be quite costly for employers.  According to an estimate by outplacement company Challenger, Gray & Christmas, this afternoon’s celestial show will cost employers a staggering $694 million due to reduced productivity.  Employers in the path of totality are expected to be hit especially hard.

With the eclipse happening on a regular work day and with schools closing in anticipation of the event, employers can expect an unusually high number of employee absences today.  For those employees showing up as scheduled, Solar eclipseemployers can still expect a dip in productivity while the eclipse is happening.  There is a silver lining, as the eclipse gives employers the opportunity for team-building and morale boosting events in celebration.  Here are a few employers tips for today’s eclipse:

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Tesla’s CEO makes personal pledge for employee safety

Kristin Starnes Gray

Tesla, an electric-automobile manufacturer, made headlines last month after Worksafe, a California-based worker advocacy group, released a report indicating that the injury rates at Tesla’s Fremont manufacturing facility were higher than the industry aNissan Mechanicverage in 2014 and 2015. For example, the report indicated that the rate of serious injuries at Tesla’s Fremont plant (i.e., those resulting in days away from work, restricted duty, or transfer) was approximately double the industry rate for 2015. The report further questioned Tesla’s claim that injury rates had fallen between 2016 and 2017, with Worksafe arguing that the injury data Tesla had recorded at that time was too preliminary to be considered accurate.

In an effort to improve safety, Tesla has recently made a number of changes, such as: adding a third shift to reduce overtime and improve safety; hiring an ergonomics team to focus exclusively on improving health and safety and reducing ergonomic risks; and adding a safety team to each department. Most recently, Tesla CEO Elon Musk took the additional step of sending this e-mail to employees to demonstrate just how serious he is about employee safety: read more…

10-step plan for fair and balanced approach to preventing workplace harassment

May 17, 2017 - by: Robin Kallor 0 COMMENTS
Robin Kallor

In less than a year, Fox News has lost its founder and one of its most well-known anchors due to widespread sexual harassment allegations. Fox News recently reported that 20th Century Fox paid $10 million in sexual harassment settlements in the first quarter of 2017 alone. How can Fox News be proactive in avoiding harassment claims in the future? Prevention is the best tool to avoiding claims. Here are some essential steps to prevent and correct unlawful harassment.  Stop Sexual Harassment red stop sign held by a female

1. Disseminate a workplace harassment policy that complies with state and federal anti-discrimination laws. The policy should encompass all forms of unlawful harassment based upon all protected classes, not just sexual harassment; although sexual harassment should be separately discussed within the policy.

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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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What’s in a name? Bias in the workplace

March 13, 2017 - by: Katie O'Shea 1 COMMENTS
Katie O'Shea

As Shakespeare wrote, “that which we call a rose by any other name would smell as sweet.” But there is in fact much to a namea name can convey a sense of identity, culture, and family history. Recently, a series of viral tweets illustrated how much something as simple as a name could affect an individual’s employment.  Business woman versus man corporate ladder career concept vector illustration

A man and his female coworker conducted an experiment whereby they switched their e-mail signatures for two weeks. The series of tweets describes the man’s struggle to gain clients’ respect when using his female coworker’s name.

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