Tag: Sexual Harassment

Why Can’t We Be Friends: Would Lyle Case Decision Be Same Today?

What if I told you that the California Supreme Court has ruled that under certain circumstances, an employee being exposed to lewd conduct in the workplace – including sexual discussions, sexually explicit pictures, and colleagues pantomiming masturbation – is not enough to sustain an actionable sexual harassment claim? In light of the recent spate of […]

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Thoughts on Sexual Harassment—a Personal Perspective

I do a lot of antiharassment training. In the past, much of my training has followed a relatively standard format explaining that employers can be liable for harassment by supervisors even if employees don’t complain and that supervisors can “aid and abet” a hostile work environment by turning a blind eye to problematic situations. I […]

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All the Money in the World: Mark Wahlberg, Michelle Williams, and Wage Disparity Issues

In the wake of the Harvey Weinstein scandal and the ongoing Hollywood reckoning, Kevin Spacey’s downfall was swift following accusations from Anthony Rapp that Spacey sexually assaulted him at the age of 14. Since Rapp came forward, several others have joined him in accusing Spacey of sexual misconduct and predatory behavior. Netflix suspended production of […]

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Time’s Up: I Am Woman, Hear Me Roar

“So I want all the girls watching here, now, to know that a new day is on the horizon! And when that new day finally dawns, it will be because of a lot of magnificent women, many of whom are right here in this room tonight, and some pretty phenomenal men, fighting hard to make […]

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Sexual Harassment: 4 Critical Questions for Reviewing Your Policy

Wow. That’s all I have to say: Wow.

I last posted here in September and, man, oh man, has there been some water under the bridge. Sexual harassment exploded onto the front pages. The Harvey Weinstein story (read Kristin’s post here) seemed to open the floodgates. Since then, harassment allegations (and in many cases, more than allegations) have brought to heel business leaders, politicians, entertainers, athletes, and more. We even have […]

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HR’s work not over when harassment investigation ends

As more and more people are coming forward with claims of sexual harassment in the workplace, employers have rightly focused on making internal investigations thorough and effective. But the work doesn’t end when the investigation is wrapped up. In fact, it may be just beginning, according to an attorney and a human resources expert who […]

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Cure and punishment

by Mark I. Schickman In all of the attention recently given to Harvey Weinstein and his ilk, the focus has been on personalities and far too little of it on the systemic problem of ubiquitous sexual harassment. The discussion has been centered on punishment, with far too little said about the cure.  Weinstein himself presents […]

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Bill takes aim at forced arbitration of sexual harassment complaints

by Tammy Binford Arbitration, long a favored method of handling workplace disputes, would be removed as an option in sexual harassment and gender discrimination cases if a new bill introduced in Congress becomes law. Often, employment contracts contain arbitration clauses that require disputes to be settled through arbitration instead of litigation. Also, complaint settlements frequently […]

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When the floodgates open, expect water at your doorstep

About a month ago, my colleague Kristin Gray wrote about the breaking Harvey Weinstein scandal and best practices for employers to prevent harassment and discrimination from invading the workplace. And while I have no intention of reiterating any of the excellent points Kristin covered in her piece, it would be ignoring the obvious not to […]

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