Practical HR Tips, News & Advice. Updated Daily.
The California Department of Fair Employment and Housing (DFEH) recently issued a decision that reads like a “what not to do” in response to employee complaints. When one employee complained to her manager about sexual harassment and assault by a coworker, the company looked into the matter but failed to protect her. In fact, the […]
Yesterday’s Advisor considered harassment complaint systems. Today, we cover who takes complaints, offer a sample complaint form, and discuss one additional key element—training. Who should handle harassment complaints? The people designated for this task should be people viewed as credible, objective, sensitive, and trustworthy. Note that the Equal Employment Opportunity Commission (EEOC) says any complaint […]
Many managers think they can ignore sexual harassment until there’s a formal complaint, but that’s a dangerous course. In fact, the opposite is true: Most experts recommend encouraging complaints. “Encourage complaints? Don’t I have enough to deal with without begging for more hassles?” We hear you, but the bottom line is this: Dealing with complaints […]
Yesterday’s Advisor covered the first three conditions that must be met to invoke an “affirmative defense” against harassment claims. Today we move on to the fourth condition, and bring you news about a unique tool that helps smaller HR departments with harassment—and the rest of HR’s major challenges. The fourth condition that must be met […]
Although the Supreme Court has made it clear that employers are responsible for unlawful harassment by supervisors, the Court did provide a clear-cut method of avoiding liability under certain circumstances. Here’s how it works. First, the Court clarified that an employer is always liable for a supervisor’s harassment if it results in a tangible employment […]
Happy holidays! But which holidays? Christmas, Hanukkah, Eid ul-Adha, Kwanzaa, the winter solstice? All of the above? None of the above? One of December’s chills, at least for HR professionals, can be a little shiver of trepidation over handling employees’ varying religious needs with sufficient sensitivity. Do you put up a tree? What kind of […]
Seems like managers would have gotten the message about sexual harassment, but many are still confused. Here are the facts about some of the most prevalent myths, taken from BLR’s Total Training Resource: Sexual Harassment. Myth–Harassment is something supervisors do to subordinates. Fact–Any employee can commit sexual harassment, including supervisors, subordinates to supervisors, and co-workers. […]
Well-written harassment complaint procedures and policies often make the difference between a successful defense and big-dollar settlements and judgments, says today’s expert. Tom O’Day, an attorney with the Milwaukee office of Godfrey & Kahn, S.C., says a recent case showed that an inadequate harassment complaint mechanism exposes employers to liability. Burger King Manager Won’t Stop […]
We’re encountering challenging disability accommodation situations because of differences in California and federal law. Is the California definition of “disability” always going to be more favorable to employees than federal law? I also don’t understand why whether a person has a disability is determined under California law without considering mitigating measures. If a person is […]
We have an “aggressive” employee who seems to make her co-workers uncomfortable by loudly criticizing them; we think we have a bully on our staff. Is workplace bullying illegal? Do you have any tips for us to recognize and prevent bullying at work? Thanks. — Sara R., Oakland Bullying exists on school playgrounds, but […]