Tag: Harassment

What policies support workplace investigations in California?

Conducting workplace investigations is an arduous process, but it can be made easier by having the right policies in place to support the investigation process. In California, where the laws are often more strict than in other states, this is especially important. Policies set the stage for workplace investigations The best place to start a […]

Expansion of workplace harassment and violence reprisal complaints?

By Rosalind H. Cooper Most occupational health and safety statutes across Canada contain provisions that prohibit employer reprisals for workplace health and safety matters. While the outcome of complaints made by workers regarding employer reprisals is always fact specific, employers had been taking comfort from several recent decisions. Those decisions suggested that complaints regarding employer […]

How does a vacation policy differ from a PTO policy?

Does your company use a PTO policy or a vacation policy? In California, it matters more than it might seem because of the way the law treats vacation days as accrued wages. So be careful if you’re switching to a PTO policy—be sure you understand how the law will treat the accrued days. The difference […]

Think There Are No Laws Against Bullying?

Special from SHRM’s Legal and Legislative Conference It’s true that there are no anti-bullying laws in the US, but that doesn’t mean that bullying can’t be the basis of a lawsuit, says attorney Allison West SPHR. West, who is principal, Employee Practices Specialists in Pacifica, CA delivered her suggestions for dealing with bullying in the […]

When world events hit the workplace

by Mark Schickman Statistics from the Equal Employment Opportunity Commission show that charges of discrimination based on religion and national origin are the fastest growing categories in the past decade. Of course, that coincides with the aftermath of 9/11 and, rational or not, American anger and suspicions over Middle Eastern Arab communities. This shift in […]

Ignoring the Basics Can Lead to HR Failures

In yesterday’s CED, we offered tips for managing the basics of HR legal issues. Today, the rest of the tips and an introduction to a California-specific resource for your employee handbook policies. Once again, a tip of the CED hat to attorneys John K. Skousen and Christopher J. Boman, partners at the Irvine office of employment law […]

When Power Is at a Peak—DO NOT TOUCH

Yesterday’s Advisor featured attorney Jonathan Segal’s tips on harassment avoidance; today, touching and Facebook harassment, plus an introduction to the indispensible 50×50—50 Employment Laws in 50 States. What about touching? Say a female supervisor touches the shoulder of a female subordinate when discussing a performance issue. There are a lot of  possible positive reasons why […]

We Subject Employees to Abuse Regardless of Gender, Race, or Age

A worker calls a coworker an “F”ing moron. Is it harassment? asks attorney Jonathan Segal. It’s probably not harassment as long as the name-caller is an equal opportunity name-caller, but is it appropriate? Most employers want to be an employer of choice, says Segal, and this is not the way to go about it. Segal, […]

Textbook on How NOT to Deal with Racial Harassment

The “N word” was in common use at Utah construction company Holmes & Holmes, and management—and unfortunately HR—not only permitted it, but participated. The judge called at least four strikes. The judge in the case wrote that the conduct was “constitutionally offensive in any setting” and concluded that this “is a rare case where there […]

Harassment Prevention Prescription? Train, Train, Train

Yesterday’s Advisor offered our take on the recent $2.3 Million Fry/EEOC settlement, and showcased the first 5 of our 11 sexual harassment training statements. Today, 6 through 11, plus an introduction to the new, comprehensive training solution—TrainingToday.  [Go here for 1 to 5] 6. A superior blocks a promotion for a subordinate who has firmly […]