Tag: Harassment

Invoking the Slippery ‘Affirmative Defense’ to Harassment

Yesterday’s Advisor covered the first three conditions that must be met to invoke an “affirmative defense” against harassment claims. Today we move on to the fourth condition, and bring you news about a unique tool that helps smaller HR departments with harassment—and the rest of HR’s major challenges. The fourth condition that must be met […]

Finding the Safe Haven from Harassment Claims

Although the Supreme Court has made it clear that employers are responsible for unlawful harassment by supervisors, the Court did provide a clear-cut method of avoiding liability under certain circumstances. Here’s how it works. First, the Court clarified that an employer is always liable for a supervisor’s harassment if it results in a tangible employment […]

Treat Holidays with Care to Avoid Religious Discrimination, Harassment

Happy holidays! But which holidays? Christmas, Hanukkah, Eid ul-Adha, Kwanzaa, the winter solstice? All of the above? None of the above? One of December’s chills, at least for HR professionals, can be a little shiver of trepidation over handling employees’ varying religious needs with sufficient sensitivity. Do you put up a tree? What kind of […]

Managers’ Myths about Sexual Harassment

Seems like managers would have gotten the message about sexual harassment, but many are still confused. Here are the facts about some of the most prevalent myths, taken from BLR’s Total Training Resource: Sexual Harassment. Myth–Harassment is something supervisors do to subordinates. Fact–Any employee can commit sexual harassment, including supervisors, subordinates to supervisors, and co-workers.  […]

It’s Checkup Time for Your Sexual Harassment Complaint Procedures

Well-written harassment complaint procedures and policies often make the difference between a successful defense and big-dollar settlements and judgments, says today’s expert. Tom O’Day, an attorney with the Milwaukee office of Godfrey & Kahn, S.C., says a recent case showed that an inadequate harassment complaint mechanism exposes employers to liability. Burger King Manager Won’t Stop […]

Accommodation: What Should We Consider When Addressing Employees with Disabilities?

We’re encountering challenging disability accommodation situations because of differences in California and federal law. Is the California definition of “disability” always going to be more favorable to employees than federal law? I also don’t understand why whether a person has a disability is determined under California law without considering mitigating measures. If a person is […]

Workplace Bullying: Do You Have Any Advice on Recognizing and Preventing Bullying at Work?

We have an “aggressive” employee who seems to make her co-workers uncomfortable by loudly criticizing them; we think we have a bully on our staff. Is workplace bullying illegal? Do you have any tips for us to recognize and prevent bullying at work? Thanks. — Sara R., Oakland   Bullying exists on school playgrounds, but […]

Gender Discrimination Lawsuits: Essentials to Avoid Them

In yesterday’s Advisor, we looked at definitions of many common terms in the confusing world of gender discrimination. Today, some tips for avoiding the lawsuits that come in all these varieties. There’s bad news on the gender discrimination front for employers: When cases do go before a jury, judgments have skyrocketed. For example, in 1991 […]

Gender orientation, Gender identification, Gender expression: A Sexual Harassment Glossary for Today

Sex discrimination used to seem simple (or so it appeared) but it has morphed into a miasma of complexity—transexuality, gender identity, gay, straight, transgender. What do these terms mean? How are they used? Here’s what you need to know: Before you begin talking sexual harassment to supervisors, employees, or lawyers, you need to get your […]

What Can HR Do About Workplace Gossip?

Let’s face it. We’re living in a society that’s fascinated, if not obsessed, with the private lives of other people. As much as you may want to deny it, you know you’ve looked at the National Enquirer more than once — even if it was just while you were waiting in the grocery store checkout […]