05.28.09
Posted in Recordkeeping at 8:11 pm by normarae2008
I was reviewing the letters I’ve received privately through my email address this morning, and two important pieces of information kept surfacing. If you feel you might be experiencing sexual harassment or other forms of workplace abuses, there are two important things you should consider. One, begin documenting all events, actions, conversations, project assignments, change in job responsibility, wage practices, etc. Include dates, times, locations, and names of all persons involved. Be as specific as you can.
Secondly, maintain confidentiality regarding your situation. You may wish to share your concerns with a co-worker, but the last thing you need is company gossip to muddy the waters. Let’s face it, people talk, and they pass judgment without having all of the facts. Protect your privacy, protect your good name, and protect your future employment while you gather data confidentially, then present it to an objective third party such as Human Resources, your union representative, or other third party representative. If your company does not have a Human Resources department, you may consider talking with a more senior executive in the company, or you can also contact legal aid or the Equal Employment Opportunity Commission for assistance. The important thing is follow your instincts. If you believe you were harassed, and if you dealt with unwelcome conduct in the workplace that was offensive, you should seek assistance.
If you have questions or comments, write to me privately at normarae2008@gmail.com, or write to this blog at www.stopworkplaceharassment.com.
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05.22.09
Posted in Recent Headlines at 7:21 pm by normarae2008
A new Massachusetts Senate Bill, presented by John Menard, targets workplace harassment, bullying, and mobbing, without regard to protected class status. Senate Bill 699 states that between 37% and 59% of employees directly experience health-endangering workplace bullying, abuse, and harassment, and the mistreatment is approximately four times likely to occur than sexual harassment alone.
These numbers are staggering, and indicate why other states may be considering similar bills. We’ll keep you posted on the progress of this bill, when it passes, and the development of similar legislation elsewhere. The Massachusetts bill will hold individuals liable for workplace abuse.
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Posted in Write to us - normarae2008@gmail.com at 4:43 am by normarae2008
Write to us at this site or send a private email with your questions or comments to normarae2008@gmail.com.
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05.21.09
Posted in Civil Rights and Title VII, Definition of Sexual Harassment at 10:58 pm by normarae2008
The statutory basis for the prohibition against sexual harassment is Title VII, which prohibits employers from hiring, firing, or otherwise discriminating in terms and conditions of employment on the basis of an individual’s race, color, religion, sex, or national origin. Sexual harassment claims are divided into two categories: quid pro quo and hostile workplace environment. Quid pro quo harassment occurs when an employer or supervisor takes tangible employment action against an employee because of the employee’s unwillingness to provide sexual favors. The more controversial hostile workplace environment claims were initially recognized by the Supreme Court in Meritor Savings Bank, SFB v. Vinson (1986). In that case, the Supreme Court interpreted an Equal Employment Opportunity Commission (EEOC) regulation, 29 CFR 1604.11(a) (1985), which defined sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.” The court ruled that to be actionable, the harassment must be severe enough to alter the employee’s conditions of employment, creating what has become known as a “hostile environment.”
Subsequently, in Teresa Harris v. Forklift Systems, Inc. (1994), the Court clarified the previous ruling by explaining that the existence of a hostile environment can be determined “only by looking at all the circumstances, including the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance” (p. 369).
One issue that initially caused confusion was whether an employer could be held liable for sexual harassment by a supervisor when the employee suffered no tangible economic loss. In companion decisions in Ellerth v. Burlington and Faragher v. City of Boca Raton (1998), the high court ruled that an employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. However, when no tangible employment action is taken, a defending employer may raise an affirmative defense to liability by showing that (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior and (b) the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise. No affirmative defense is available, however, when the supervisor’s harassment culminates in a tangible employment action.
One final controversial matter the Supreme Court had to resolve was whether one could sexually harass someone of the same sex. Initially, same‐sex harassment was not considered sexual harassment, but, in the case of Joseph Oncale v. Sundowner Offshore Service (1998), the Supreme Court broadened the interpretation of the law and held that nothing in the act bars a cause simply because the plaintiff and defendant are members of the same sex. The critical issue, Justice Antonin Scalia wrote, was “whether members of one sex are exposed to disadvantageous terms or conditions of employment to which members of the other sex are not exposed” (p. 78).
Referenced by Nancy K. Kubasek of Answers.com
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Posted in Follow Me On Twitter at 10:14 pm by normarae2008
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Posted in Comments, This Month's Major Topics at 9:55 pm by normarae2008
The folks behind the website nojobisworththis.comhave been busy producing several videos in the fight against workplace harassment and bullying. I encourage our readers to visit their site to view all of their videos and get involved in their fight to put an end to workplace harassment. They have an active campaign to encourage Congress to sign new laws into effect to support employees and fight abuse in the workplace.
Visit their website and take a few moments to view their videos and get involved. You can also find Beverly Peterson’s videos (she produced the documentaries) on Youtube. I ran one of her videos for a few weeks and will be running another beginning tomorrow. nojobisworththis is a thoughtful organization with a meaningful purpose and a strong commitment to making a powerful difference on the fight against abuse.
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Posted in Comments at 8:57 pm by normarae2008
03.03.09Reflections About A Young Reader
Posted in Resources at 7:24 pm by normarae2008
I received an e-mail from a young reader last night. I’ll protect her confidentiality and not mention her name, but her story is an important one. She’s a teenager, and met a man on the internet who began saying and doing things that made her uncomfortable. While looking for guidance she found my website, and wrote me an email.
I gave her some immediate advice — talk to her parents, inform her school authorities, and contact the police. She also shut down all internet contact with the man, and said she was going to notify the proper authorities about the incident. Her e-mail to me took courage, and her experience is a further sign that we have to be careful in all of our dealings on the internet. We never know who we are communicating with.
Teenagers: you shouldn’t feel ashamed or embarrassed if someone tries to take advantage of you — it’s not your fault. But listen to your instincts. If something doesn’t feel right, or sound right, report your experience to your parents, or your clergy, school or police. And pay attention to those school safety assemblies, because they offer up great tips on internet safety and security.
I checked in on my young reader today to see how she’s doing, and to make sure she’s reported her experience to the proper authorities. Thanks to her courageous steps, hopefully she’ll help stop one bad guy from stalking young women.
To all young readers, and to everyone using the internet, be smart users. It’s a wonderful tool, but be mindful of your safety at all times. If you have similar experiences you’d like to share, or if you have questions about this topic, please write to me. Thanks.
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Posted in Comments at 8:54 pm by normarae2008
2 Comments »
dierdref said,
April 10, 2009 at 5:43 am · Edit
I have worked for a commercial landscaping company now for 6 months, as of 04/13/09. The Senior Field Supervisor has made lewd comments to me, stroked my hair, put his hand under my top, and has asked me to be alone with him in certain areas of the company property. There was another female employee, who had reported inappropriate behavior, primarily against a different employee with whom she worked in the field, but also made comment about the Senior Field Supervisor I am referring to. She was terminated shortly after, under the guise of her unwillingness to sign the company’s Arbitration Agreement. Not all signed this under “the gun” as she was pressured to. Prior to her firing, the owner and acting HR person, at the time, were overheard saying that she needed to be fired because she was a “problem starter” and that this would be done by cutting back her hours and forcing her out. There is a prevasive culture dictating a necessity to get along with three people at this organization in order to sustain one’s employment, and the Senior Field Supervisor is one of the three. I am more than concerned about reporting any kind of complaint, as I need this job/income and though I have been actively job hunting ever since the incidents first started, I have not been contacted for a single other job opportunity.
normarae2008 said,
April 17, 2009 at 4:53 pm · Edit
Thank you for writing to me. I apologize for not responding to you sooner but I was tied up on another project for a few days. Your message has gotten my full attention, however. I’ll try to give you some information that might be helpful, based on 28 years of practicing as a Human Resources executive. I’m not a lawyer and I can’t give you legal advice, but I can give you some basic information that might answer some of your questions and help you sort out the situation you find yourself in.
First of all, unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority. Unwelcome verbal or physical conduct based on race, color, religion, sex, (whether or not of a sexual nature and including same-gender harassment and gender identity harassment) national origin, age (40 and over) disability (physical or mental), sexual orientation, or retaliation constitutes harassment when: the conduct is sufficiently severe or pervasive to create a hostile work environment; or a supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (such as demotion, termination, failure to promote, etc).
Examples of actions that create a sexual hostile work environment include leering, making offensive remarks about looks, clothing or body parts, touching in a way that makes an employee feel uncomfortable such as patting, pinching, or intentional brushing up against another’s body. Telling sexual or lewd jokes, making sexual gestures or hanging sexual posters, or sending sexually soliciting letters, notes, emails or other images.
Judging by your message, your Senior Field Supervisor may be guilty of inappropriate conduct that could be unlawful with respect to workplace harassment. Further, employers cannot retaliate against employees for bringing complaints forward about potential unlawful conduct by coworkers. If this is in fact occurring, and you cannot approach your employer without fear of retaliation, you have other avenues you may pursue. It’s important that you know that no one should tolerate workplace harassment of any type or form. I respect that you need your job, but you should not have to pay a painful price to keep it. You can always consult a local labor attorney who specializes in sexual harassment, or you can contact the Equal Employment Opportunity Commission. You can find the EEOC on the internet. I understand that we’re living in tough economic times, but some lawyers will take on a case on not seek compensation until the case settles.
Your allegations are quite serious and should be taken up with the proper authorities. Time is of the essence. I encourage you to record carefully all of the incidents that have occurred by date and time, including as much accurate information as you can recall. Please refer to my blog on Record Keeping. You, the previous woman terminated and any other individuals harassed by The Senior Field Supervisor may have a legitimate claim against this individual. I can’t say whether or not your claim will prevail, but these types of behaviors are the reasons why Title VII and unlawful harassment laws were written in the first place. To prevent women like you and me from suffering unlawful treatment in the workplace, and to ensure that the workplace is just that — a place where we can work and be productive and enjoy welcome relationships with our coworkers.
I wish you luck with your case. Please write back to me and let me know what you plan on doing to resolve your matter. I wish you luck, patience, and perseverance. Don’t let anyone take your civil rights away from you. Ever.
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Posted in This Month's Major Topics at 8:52 pm by normarae2008
A reader had a question regarding Sexual Harassment Training for managers and supervisors. In California, and for companies based outside of California with operations in California, AB 1825 was signed into law on September 30, 2004 by California Governor Arnold Schwarzenegger. This new law requires all companies which employ more than 50 employees to provide supervisors with 2 hours of sexual harassment training every two years. The first round of training had to be completed by January 1, 2006.
The 50 or more employees includes contractors and temporary employees. It’s worth mentioning again, that if a company is headquartered in another state but has employees operating in California, no matter how few, it is required to offer the training. There were some challenges to the bill by out-of-state employers who have less than 50 employees actually based in California, but the California Housing Commission ruled that the total number of employees working for the company determined whether or not AB 1825 was required, not the number physically located in the state of California. In addition, they ruled it is better to be safe than sorry, so it’s a wise business decision to train every supervisor rather than face the prospects of being out of compliance.
This law has also been adopted in other states, and has generated hundreds of hours of training programs. New hires must be trained within six months of hire, and government compliance must be strictly adhered to. Companies who fail to meet this legally required training could face critical penalties in the event of a sexual harassment complaint.
Regardless of which state you are from, does your company offer sexual harassment training to your managers and supervisors? Does it offer training to all employees? If you want to find out about sexual harassment training, the first step is to contact your Human Resources or Personnel Department, and your department Supervisor to learn more about company programs. If your company does not offer training, contact us for more resources on how to initiate sexual harassment awareness, education and training.
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