Tag: investigation

Privilege of Dignity: Hospital’s Peer Review Was Protected

Whenever an employer investigates employee misconduct, there’s a chance it will find—and may have to disclose—negative facts. This is true when a hospital investigates the medical conduct of a doctor, or an employer investigates an employee for potential harassment. In both instances, and in the absence of malice, those investigations are protected by the litigation […]

complaint

The Dangers of Mishandling Harassment Complaints

Every day, we go to work expecting to be able to do our jobs without harassment or unneeded stress. Unfortunately, not everyone is granted that opportunity. In fact, there were over 26,000 reports of workplace harassment in 2018 alone. Obviously, a problem exists.

check

Hulu’s Little Fires Everywhere Takes Liberties with Employee Background Checks

My wife and I are currently binge-watching Little Fires Everywhere, a Hulu miniseries based on a book of the same name. Set in Shaker Heights, Ohio, during the late 1990s, Fires stars Reese Witherspoon as Elena Richardson (a white, married, upper-middle-class newspaper reporter with four children) and Kerry Washington as Mia Warren (a black, single mother who works as an artist and supplements her income through other part-time jobs).

discrimination

Tips on Responding to Your First Discrimination Charge

When your organization receives its first discrimination charge from the Equal Employment Opportunity Commission (EEOC) or your applicable state’s Department of Labor and Human Rights, you may wonder, “What does this mean?” or “What do we do now?”

Does Giztoob Get it Right?

In a recent episode of “The Unbreakable Kimmy Schmidt,” Kimmy settles into a new job in management / human resources at a small tech startup company, Giztoob.  Her boss orders her to fire an employee because he’s always late.  Kimmy agrees that this particular employee “does a bad job” and needs to be fired, but […]

metoo

Morgan Stanley Wins Bet on Untimeliness to Scotch Sexual Harassment Claim

2017 saw an unprecedented number of people come forward with stories of hostile work environments dating back 20 years or more. The impact of those stories has undoubtedly left countless people (and possibly their employers) worrying that their improper conduct from years ago may be the next story to break.

What now? 5 steps to take if your probe doesn’t corroborate harassment allegations

The avalanche of complaints emboldened by the #metoo movement shows no sign of relenting, and many caught in its crosshairs have been unceremoniously fired or forced to resign based on allegations of harassment. Of course, when such allegations arise in the employment context, employers have a duty to investigate and to take action when there […]

Avoiding liability risks when you fire a sexual harasser

by Theodore Fong The risks to employers in sexual harassment cases can be big. Potential liability can arise from any decision. Employers may then find themselves having to make tough decisions on tight timelines. The key to ensuring an appropriate response is to be prepared. Preparation will permit an employer to take a proactive approach, […]

High Profile or Not, Sexual Harassment Claims Require Employer Action

Sexual harassment — the subject has exploded in recent weeks as people from all walks have spoken up about a menacing workplace problem. Even though antiharassment efforts are a priority in human resources circles, recent revelations about the actions of some high-profile executives are likely to cause employers to ask the question, “Are we doing […]