The answer seems to depend on who you ask. Some will give you the definition of what requires an investigation under harassment discrimination laws. Others will say that you should only conduct an investigation when it is absolutely clear that an investigation is legally required, in order to avoid shining light on the situation. Most advice falls somewhere in between. After … [Read more...] about Does This Require an Investigation?
On December 15, 2016, The California Court of Appeal ruled to reverse a sexual orientation discrimination claim, allowing the case to now proceed to trial. In Hardy vs. Watts Healthcare Corp., Hardy alleged that her supervisor treated gay men, men in general and lesbians more favorably than heterosexual women, including her. It is not often that these claims arise, but they are … [Read more...] about Isn’t Reverse Discrimination Actually Just Discrimination?
Looking back on 2016, I was saddened by the onslaught of news stories covering lawsuits and settlements related to sexual harassment and discrimination. Of course there were the big suits that received most of the media attention, Fox News, Chipotle Grill, Mc Donald’s Corp., etc. But it seemed that the small to mid-sized companies were seeing an abundance of claims as well. In … [Read more...] about 2016; An Example of Need for Harassment Prevention.
With the release of the EEOC Strategic Enforcement Plan (SEP) for 2017 – 2021, it is time to take a look at your Complaint, Investigation and Prevention processes and procedures. The SEP outlines the EEOC’s principal areas of focus for the next four years. According to the plan, the EEOC will increase efforts to ensure that employers implement processes that will serve as a … [Read more...] about EEOC to Focus on “Holistic Prevention Programs” to Prevent Harassment.
Over the weekend, I came across an interesting article in the Harvard Business Review titled, Why We Fail to Report Sexual Harassment. The article addressed the fact that despite employer efforts to train staff and investigate complaints, the majority of employees affected by harassment, whether victims or bystanders, do not report the incidents. That fact did not surprise me. … [Read more...] about Can Your Company Afford $22,500 in Lost Productivity…Per Employee?