Monday, August 20, 2018
EEOC sues on behalf of harassed Catholic employee
Religion a funny thing. Throughout the history of mankind it's fueled so much hate, war, and death. And yet, it brings so much peace, comfort, and love to so many people.
My philosophy is live and let live. You believe what you want, and I'll believe what I want. Your religion is none of my business, just as mine is none of yours.
The world we be a better place is everyone lived this message. But not everyone does.
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Tuesday, August 7, 2018
Despite what one court held, workplace discrimination laws DO protect employees from non-employees
Pop quiz: Can an employer ignore harassment or other discriminatory behavior directed at employees by non-employees?
If your answer is "yes," you'd be in agreement with the court in Shaw v. Access Ohio (Ohio Ct. App. 7/27/18).
You'd also be dead wrong.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, July 30, 2018
John Oliver and Anita Hill on fixing our workplace sexual harassment problem
When Anita Hill testified during Justice Clarence Thomas's confirmation hearing almost 27 years ago, the thought was that her story might be the beginning of the end of sexual harassment as a workplace problem. That clearly did not happen.
The #MeToo movement has now, once again, brought sexual harassment to forefront.
Last night, John Oliver tackled the issue on his HBO show.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, June 20, 2018
EEOC sees no #MeToo uptick in harassment filings, but…
Earlier this month, the EEOC reconvened its Select Task Force on the Study of Harassment in the Workplace. One fact that came out of the agency’s meeting is that, according to Acting EEOC Chair Victoria Lipnic, the EEOC has yet to see an increase in sexual harassment charges in response to the #MeToo movement.
I do want to mention one other point that we have been frequently asked here at the EEOC - and that is - “have you seen an uptick in charges filed alleging harassment?” - sometimes, people ask, specifically about sexual harassment charges being filed with the agency?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, May 30, 2018
Who is Otis Burke?
By now you’ve almost certainly heard about ABC’s cancellation of Roseanne, after Roseanne Barr posted a racist tweet about Valerie Jarrett, President Obama’s former senior advisor.
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Tuesday, May 29, 2018
Court says that discretionary bonus cannot be the “quo” for the sexual harassment “quid”
Quid pro quo is Latin for “something for something.” In employment law, it’s a specific theory of sexual harassment—“If you do this ‘thing’ for me, I’ll do something for your job.”
In Davenport v. Edward Jones & Co., the 5th Circuit held that a allegation of an unpaid bonus might not be enough to support an ex-employee’s sexual harassment claim under a quid pro pro theory.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 21, 2018
Harassment prevention MUST start at the top
If you did not watch 60 Minutes last night, you should. The last segment detailed pervasive and rampant sexual harassment by famed chef and tv personality Mario Batali.
And it laid much of the blame at the feet of the CEO of one of the restaurants in which Batali invested, The Spotted Pig, and its owners, Ken Friedman and April Bloomfield. The segment argues that Friedman and Bloomfield turned a blind eye to years of Batali’s sexual harassment of the female employees of their restaurant, and knowingly allowed it to continue.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, May 10, 2018
NBC News takes the unprecedented step to release its internal Matt Lauer harassment report
Image by Max Goldberg via Wiki Commons |
I was astounded by NBC’s transparency. It is extraordinarily rare for a private company to release an internal investigative report of one of its employees. In fact, it runs counter to conventional wisdom that harassment investigations should be kept as confidential as possible under the circumstances. Perhaps the combination of NBC’s status as a news agency and the high profile nature of the allegations spurred its decision.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 25, 2018
Nearly half of American workers admit to engaging in workplace revenge
Photo by Avalon_Mists on Pixabay |
And every time I scratch my nails
Down someone else’s back I hope you feel it
Alanis MorisetteRevenge. So natural, and yet so wrong. “Turn the other cheek” is always the preferred practice, and, yet, often life is more “smack you in the cheek” as you turn away.
Even at work.
According to a recent study, 44 percent of workers admit to partaking in some type of workplace revenge.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 12, 2018
Anti-harassment anthems
Yesterday, I came across the very cool video for a new Speedy Ortiz song, “Villain.”
The song tackles issue of harassment, assault, and consent.
Rock music has always tackled the important social issues of the times, and #MeToo should be no exception.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 10, 2018
#Me(n)Too
According to the Washington Post, nearly one in five — about 17 percent — of harassment complaints filed with the EEOC come from men.
And many involve same-sex harassment.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 5, 2018
In the era of #metoo, let’s not lose focus on the “me”s other than sex
Photo by Luke Braswell on Unsplash |
A federal jury in Detroit just provided employers a very real reminder of this fact.
It tagged Ford Motor Co. with a $16.8 million verdict. The plaintiff, a former Ford engineer, proved that the automaker created a hostile work environment based his Arab background.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 15, 2018
Harassment training is about creating a culture, not checking a box
Bloomberg reports that demand for anti-harassment training videos has surged in the #MeToo era.
Anti-harassment training is all about creating an anti-harassment culture in your workplace—about employees understanding what harassment is, how to complain about it, and that your company does not ever accept it.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 7, 2018
“Measure twice, cut once," and, for the love of God, don’t email porn to everyone on your company’s contact list
Photo by Wes Hicks on Unsplash |
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Wednesday, February 21, 2018
Two recent issues of confidentiality of harassment allegations
The confidentiality of harassment allegations has been a hot topic of debate in the #MeToo and #TimesUp era.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, February 13, 2018
Love and work aren’t always peanut butter and chocolate
I listened with great interest to the latest episode of the Hostile Work Environment podcast, which featured as its guest my good friend, Dan Schwartz, talking about the pitfalls of Valentine’s Day at work.
Dan cited CareerBuilder’s annual V-Day survey, which offers some interesting stats about the current state of office romances:
- 22 percent of workers have dated their boss (up 7 percent from last year)
- 31 percent of workers who started dating at work ultimately married each other
- Almost one in ten female workers whose work romance soured left their job
- 41 percent of workers had to keep their romance a secret
Yet, love and work do not always go well together, especially on Valentine’s Day.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, February 8, 2018
Sexual harassment is the hiring scarlet letter
Dear Jon,
I resigned from my last job amid allegations of sexually inappropriate misconduct. The allegations became public. Even though the women are all liars, no one will hire me. What can I do?
Sincerely,
Steve W.
This example has played out (sort of) at my alma mater, Case Western Reserve School of Law.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, February 7, 2018
What is your profession doing to combat harassment? Mine appears to doing a lot, as ABA adopts new anti-harassment policy
The policy-making body of the American Bar Association has adopted a formal resolution that urges legal employers to prohibit, prevent, and promptly redress sexual harassment and retaliation claims.
Moreover, to make sure that law-firm leaders are paying close enough attention, Resolution 302 [pdf] also urges that firms adopt measures to ensure that the heads of law firms are informed of the financial settlements of such claims.
The resolution contains the following key measures:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, January 29, 2018
SNL tackles #MeToo, but what should you do when employees discuss #MeToo at work?
How do you discuss sexual harassment and other sexual misconduct with your friends and colleagues?
Saturday Night Live, in one of its most brilliant sketches in a long time, offers a suggestion.
Or, rather, a suggestion not to have the conversation at all.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, January 16, 2018
How likely are you to sexually harass?
Are you tired of seeing your Facebook feed littered with the results of your friends’ quizzes, with titles such as, “Which Game of Thrones Character are You?” or “Which Disney Couple Defines You?”
Well, I have one more quiz for you to take, and this one may just pique your interest.
It’s the Likelihood to Sexually Harass quiz.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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