05.21.09
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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Posted in Contact Us, Examples of Sexual Harassment at 8:47 pm by normarae2008
I encourage you to read an e-mail I received from a reader today. It’s listed in the “comments” section following “A Reader’s Question Regarding Sexual Harassment Training.” Her e-mail presents several allegations of workplace harassment, including unwanted touching, and retaliation. The sexual harassment was directed at other women besides herself, and she complained that her company culture does not work to investigate and resolve such complaints with a clear human resources policy and practice, but rather appears to hold the victims accountable and blames them for being trouble makers.
In her letter, she complained that another victim was forced to sign an Arbitration Agreement after she filed a sexual harassment complaint. When she refused, she was allegedly fired for being a trouble maker ( this occurred after the company slowly cut back her hours). This type of company response may appear to be retaliatory, and certainly was causing our reader to think twice about filing a complaint about the hostile work environment she was working in.
What complicated matters was that the Owner of the Company was also the Acting Head of Human Resources. So, where does one go to file a complaint in such a situation? As I told the reader in my comments back, if you can’t file a complaint internally, you can always contact the Equal Employment Opportunity Commission, but that must be done in a timely basis. Secondly, it is wise to consult a local labor attorney who specializes in workplace harassment. No one should suffer any form of discrimination, and Title VII was designed to protect all of us from any form of discrimination and workplace harassment. If you believe you’ve been unlawfully treated, get legal advice and protect your civil rights. No one should have to work in a corporate culture similar to the one my reader described. No one.
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Posted in This Month's Major Topics at 8:42 pm by normarae2008
Global Voices Online » Egypt Declared Anti-Harassment Day
By Marwa Rakha
Asser says: “After the acquittal of my harasser I realized that the law is full of loopholes and our only hope is to call for an anti-harassment law and that the members of the Egyptian Parliament realize that this is a unanimous call from all Egyptian women and … Having said that, and in light of the growing rates of sexual harassment in Egyptian society, one can devise a remedy that takes advantage of that preoccupation with one’s image in the eyes of the community. …
Global Voices Online – http://globalvoicesonline.org/
This article was referenced from an article written by Marwa Rakha, and is included on this webpage in respect to the victims of harassment in Egypt and in other countries around the world.
Editor’s Note: the day was acknowledged on April 18, 2009
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Posted in Contact Us, Government Resources at 8:37 pm by normarae2008
Reprinted from an earlier blog entry in stopworkplaceharassment.com – EEOC Reports 15,000 New Sexual Harassment Cases Yearly
Posted in Recent Cases and Headlines, This Month’s Major Topics at 6:58 pm by normarae2008
The Equal Employment Opportunity Commission reports that there are approximately 15,000 new sexual harassment cases filed each year. What about the hundreds or thousands of cases that don’t get filed due to embarrassment, humiliation, loss of self-respect, fear of losing one’s job, retaliatory threats, or other concerns that keep women from filing complaints?
Many women are too fearful to file a complaint, and some don’t know the procedure. Human Resources organizations are oftentimes too short handed to provide the requisite training for management and for general employee populations to ensure that the laws are followed, so harassed employees are left no choice but to suffer in silence.
Have you been harassed and are afraid to report your treatment? We want to hear from you. We might be able to help you out with help and referrals for counseling, legal recommendations and education. Please write to us and tell your story. We’re just a click away.
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Posted in This Month's Major Topics at 8:30 pm by normarae2008
I wrote some articles on ehow regarding new approaches to sexual harassment training, and sexual harassment policy development. I plan to write additional articles in the future. If there’s a topic you’d like to see covered, please write to me. You can find my articles on my site or on ehow under their Business section. Thanks
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Posted in Uncategorized at 8:27 pm by normarae2008
How to Videos & Articles: eHow.com
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Posted in This Month's Major Topics at 8:23 pm by normarae2008
A recent report released in April of 2009 by the Southern Poverty Law Center illustrates some troubling survey results featuring 500 low income Latinos – including legal residents, undocumented immigrants and U.S. citizens from five separate locations in the South. The locations were Nashville, Charlotte, New Orleans, rural southern Georgia, and cities in northern Alabama.
The survey shows that many of these employees were subject to discrimination and violations of civil rights and other workplace abuses. They also faced poor working conditions, were cheated out of wages, and denied basic safety and health protections.
The report clearly indicated that reform legislation is needed in order to protect these victims from labor and civil rights violations. Many of these victims, like most victims of workplace harassment, do not file complaints for fear of retribution, or termination of employment. For more information on this report, please go to www.splcenter.org, and review the full study titled “Under Fire: Life for Low-Income Latinos In The South.”
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Posted in This Month's Major Topics at 8:16 pm by normarae2008
I wrote some articles on ehow regarding new approaches to sexual harassment training, and sexual harassment policy development. I plan to write additional articles in the future. If there’s a topic you’d like to see covered, please write to me. You can find my articles on my site or on ehow under their Business section. Thanks.
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Posted in Contact Us, This Month's Major Topics at 8:12 pm by normarae2008
Sexual Harassment…Bullying…Verbal and Emotional Abuse…I’m conducting a national survey. If you’re from New York, Los Angeles, Witchita, or other beautiful parts of the country, take a minute and think about someone you know who was harassed at work. Maybe it was you. It could be from a current or former work experience. Why do you think the company didn’t respond? Is it bad management? Poor company policies? Weak corporate values? Or was the harasser innocent? We’re trying to find out.
I’ve received e-mails from several women and there are many reasons out there. I’ve worked in business for 28 years and I’ve heard lots of excuses, and justifications for alleged misconduct. Some companies have poor policies, others don’t take harassment very seriously. In some cases the alleged harasser was innocent. In other cases, the victim didn’t want to lose her job so she didn’t press charges. There are lots of reasons, so we’re trying to build a spread sheet containing as much data as we can collect from our readers. If you saw something, know something, or have some information related to harassment and can help us fill in the blanks, please send us your comments.
Please take a few minutes to think up a few of the primary reasons why nothing (or something) is done to stop such misconduct and simply log your thoughts in the comments section. I’ll provide a report as soon as we get some feedback. We’ll be promoting this survey on Twitter, ehow, and on this site. If we get enough input, we’d like to forward the results to our legislators and use this data to help evaluate how effective our current laws are in enforcing anti-harassment policies at work.
Your comments may focus on sexual harassment, bullying, or any other forms of workplace injustice. Thanks for your input.
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