06.16.09
Posted in Uncategorized at 9:22 pm by normarae2008
There’s been a lot of activity and proposed legislation in numerous states, California included, about new bullying laws. So what exactly is bullying and how does it affect both employees and employers in 2009?
Bullying is the repeated use of aggressive or unreasonable behavior against employees. It can come in the form of verbal, physical or even psychological formats. Several states are seeking new legislation to fight this form of harassment, and some have made significant progress. I reported on Massachusetts recently on my website, and the work they’ve been doing. California has a number of efforts underway as well. As I reported last Month following my article on Massachusetts, this type of abuse is four times more prevalent than sexual harassment alone.
This is clearly a growing problem for a violation of people’s rights that aren’t protected by Title VII of the Civil Rights Act. The Massachusetts targets workplace harassment, bullying, and mobbing without regard to protected class status.
In my efforts to promote education and awareness of workplace harassment, I met a documentary producer out of New York, a hardworking, creative and dedicated woman named Beverly Peterson. She works with a group called No Job Is Worth This. I’ve promoted her videos dealing with workplace bullying on my website, and I’ll reference her website below. I welcome your comments or help introducing other related groups you’d like us to contact and promote in this site. I’m very interested in sharing information for a worthy cause, and to improve the workplace experience for everyone.
Please visit www.nojobisworththis.com and view all of Ms. Peterson’s documentaries on bullying and workplace harassment. After you’ve viewed her documentaries, I welcome an exchange of opinions and dialogue on this important subject, so please write to me to express your views.
Please write to me at this address or my private email at normarae2008@gmail.com to give me your ideas, insights, or other topics you’d like us to consider.
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06.03.09
Posted in Examples of Sexual Harassment at 8:21 pm by normarae2008
I began this blog last December, and since then we’ve received over 5,000 visitors. I’ve also received private e-mails that I’ve responded to with (hopefully) helpful advice and coaching for women who have been victims of alleged sexual harassment. Here are some highlights of their stories. I’ve protected their anonymity at their request so I will summarize their experiences and will not use their real names:
“Susie” worked in a hospital and was being touched inappropriately by a male co-worker. She shared her entire story with us and wanted help with approaching her Human Resources department so that she could manage her complaint on her own. We provided information, coaching, and help with her preparation for that HR meeting.
“Sandy” works in a cocktail restaurant/bar and was subject to frequent fondling and sexual demands by her superior. He also held her job over her head unless she returned sexual favors to him. We provided comparative analysis of her situation against a hostile work environment and quid pro quo harassment as identified in Title VII of the Civil Rights Act. We discussed her options to file a complaint with restaurant management or other options.
“Sally” was complaining about being docked in pay, and was quite upset about it. She was concerned about being told to “calm down,” and was wondering if such a reference was harassment. After we explored her situation further, we assured her that it probably wasn’t a case of harassment, but that the wage mistakes needed to be corrected in a timely basis and she should consult with her union representative and/or the labor board if the situation persisted. As it turned out, the wage issue was an error and was supposed to be corrected.
“Two teenagers” wrote to me about problems being stalked by older men. In one case, a considerably older man was doing lewd and sexual acts over the internet, and in the second case, and older man was doing lewd acts over his cell phone. In both cases I encouraged the young women to stop all conversation with the men, and report the incidents to their parents even though it would be a hard thing to do. I also told them to contact the police and file complaints about the men’s behavior. I was assured that both of these women were going to follow this advice.
I’ve met other women in the past six months, but these cases represent the kinds of issues that I’ve received. If you have a question, or problem, no matter how large or small, please contact me at normarae2008@gmail or at this blog site. My goal is to help as many women as I can as we sort out the questions and challenges of sexual harassment.
Thanks for reading and writing – Normarae
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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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