The three things you need to know from the EEOC's 2018 charge data

Yesterday, the EEOC released its charge statistics for 2018. There are three big things you need to know.

When workplace training goes very, very wrong

A few months ago I participated in active-shooter training. I presented harassment training for a local manufacturer, and, at its conclusion, the company played a 10-minute video explaining to its employees what to do in an active-shooter situation. Generally I'm not a fan of training videos. They tend to be boring, poorly acted, and ineffective. This one, however, was quite effective. It was not only chilling to watch, but, a few months out, I still recall the ABCs of what to do during an active shooter (Avoid, Barricade, Confront).

An Indiana school district, however, had a different idea of how to train its employees to prepare for an active shooter.

This employer had its employees shot in the back, execution style, with plastic pellets.

To help end sexual harassment, men MUST be better in reporting it when they witness it

"Dad, something bad happened at recess today!"

It's a refrain I sometimes hear at the dinner table.

"Donovan, what happened?"

"Joe pushed Billy off the swing, and Billy cut his knee when he fell."

"Did anyone let a teacher know what happened?"

"No."

"Why not?"

"I didn't because I didn't want to be a tattletale."

I've had this conversation with both of my kids — the difference between being a tattletale and reporting an unsafe situation.

The 10th nominee for the “worst employer of 2019” is … the exorcising employer

Is it too early to declare a winner for 2019's contest?

According to the complaint Jason Fields fired against the Hampton Inn at which he worked, and its manager, Sharon Lindon, he had to endure some pretty odd stuff during his employment.

As he tells his story, Lindon decided to help Field's after she learned of his impending divorce. How? By offering to exorcise him.

WIRTW #547 (the “new music Friday” edition)

Jenny Lewis just released the first great album of 2019.  

On The Line has witty and funny, yet touching and sad, lyrics, and beautiful melodies that will stick in your head. It's an album that commands your attention. I'll be shocked if it's not at the top of the "Best Of" lists at year's end. You should listen, now and often.

I fart in your general direction: flatulence as harassment?

An Australian court has rejected an employee's claim that his supervisor unlawfully harassed him by farting on him.

David Hingst sought 1.8 million Australian dollars ($1.3 million) in damages based on a claim his supervisor would enter his small, windowless office several times a day and "break wind on him or at him … thinking this to be funny."

The 9th nominee for the “worst employer of 2019” is … the fertile firing

MoMA PS1, a Queens, New York, art museum, has agreed to settle a pregnancy discrimination claim brought by Nikki Columbus, hired by the museum to direct its performance program. She alleged that the museum rescinded her job offer after it learned she had recently given birth.

Happy New Regulation Tuesday! DOL proposes updates to the definitions of "regular rate" and "joint employer".

Over the past week, the Department of Labor's announced proposals for significant (and much needed) regulatory updates to the definitions of "regular rate" and "joint employer".

What I learned on my Spring Break

I just returned from eight days in Italy. It was a whirlwind Spring Break tour of Rome and Florence. We covered a lot of ground — per my Apple Watch, 63 miles and 140,000 steps, to be precise. And we saw a lot of stuff — the Vatican, the Colosseum, lots of beautiful churches, lots of ancient sites and ruins, and (almost) too much pizza, pasta, and gelato (but never too much wine).

WIRTW #546 (the “Arrivederci” edition)

Today is good bye … but only for two weeks. My kids' school gives them that much time off for Spring Break each year. So we are headed to Italy. Rome and Florence to be precise.

I'll be back on April 1 (no foolin') with some thoughts about what I learned on my Spring Break.

In the meantime, if you have any last minute tips on what to do, see, or eat in either of these cities, drop a note in the comments below.

Here's what I read this week:

Share or Retweet if you care about paid parental leave

Earlier this week, Republican Senators Joni Ernst and Mike Lee introduced the Child Rearing and Development Leave Empowerment Act (the CRADLE Act). It is a first step towards providing some measure of paid parental leave to American workers. Yet, it has some serious flaws.

The 8th nominee for the “worst employer of 2019” is … the lascivious leader

I can't do any better of job than the EEOC did in describing the parade of horribles the one supervisor wrought at Sys-Con, a Montgomery, Alabama, general contractor:

According to the EEOC's lawsuit, from December 2015 to May 2017, a supervisor at Sys-Con's worksite at the Hyundai manufacturing plant in Montgomery, demanded sexual favors from two non-English speaking Hispanic female employees and watched pornographic videos in front of them. The EEOC further charged that the supervisor sexually assaulted one of the employees and sub­sequently taunted her, asking whether she "liked it."

The FLSA's salary test just doesn't matter

By now you've likely heard that the Department of Labor announced its intent to increase the qualifying salary threshold for its white collar exemptions from $455 per week ($23,660 annually) to $679 per week ($35,308 annually).

I'm here to tell you that this increase just doesn't matter.

What a lawful "civility" policy looks like under the NLRB's Boeing test

Consider and compare the following workplace civility policies:

Commitment to My Co-Workers

• I will accept responsibility for establishing and maintaining healthy interpersonal relationships with you and every member of this team.
• I will talk to your promptly if I am having a problem with you. The only time I will discuss it with another person is when I need advice or help in deciding how to communicate with you appropriately.
• I will not complain about another team member and ask you not to as well. If I hear you doing so, I will ask you to talk to that person.
• I will be committed to finding solutions to problems rather than complaining about them or blaming someone for them, and ask you to do the same. 

-vs-

Blogging 

Blogging outside of the hospital must not include … disparaging comments about the hospital.

WIRTW #545 (the “International Women's Day” edition) #IWD2019

Happy International Women's Day!

I didn't always consider myself a feminist. But I'm proud to call myself one ever since May 27, 2006—the day my daughter was born.

It wasn't that I was hostile to the issue; I just never engaged in any active thought about it. Now that I have a female life for which I am responsible, I fully embrace the term.

As seen on Reddit: Salary discussion bans are a BIG legal no-no

AriesAviator posted the following question in the LegalAdvice subreddit:

Boss just threatened to fire me and another co-worker because we were discussing a raise we both got- what should I do?

We both got pulled into a group chat over the app our work uses, and the first message reads as follows;

Hey I don't want to here about your raises with the other crew members we talked about this before, other places have strict rules either termination or reversal of the raise this is not okay, Don't turn something we tried to do nice for you too into a pain for us.

Which, uh, what the fuck?

I'm pretty fucking sure everything in there is MASSIVELY illegal.

Emotional outbursts as ADA-protected disabilities

The term hysteria comes from the Greek word hysterika, meaning Uterus. In ancient Greece it was believed that a wandering and discontented Uterus was blamed for that dreaded female ailment of excessive emotion, hysteria. The disease's symptoms were believed to be dictated by where in the body the offending organ roamed. It was not religious belief but a social belief.

Hysteria
https://academic.mu.edu/meissnerd/hysteria.html

Less than two months after Jessica Mullen's hysterectomy, she applied for a position as a stitcher with athletic footwear manufacturer New Balance. Within the first few weeks of her employment, her was having difficulty mastering one of the stitching machines, which led to an abrupt and (maybe) heated exchange with her trainer, Julie Prentiss. During that exchange, Mullen became upset and began to cry. Prentiss placed Mullen in a time-out in the break room, and contacted two human resources managers, Frances Fisher and Rachel Merry.

The 7th nominee for the “worst employer of 2019” is … the disability debaser

The 7th nominee for the Worst Employer of 2019 is an employer that (allegedly) permitted a nearly year-long campaign to malign and harass an employee living with ADHD and Tourette's syndrome.

Harassment need not be "hellish" to be actionable

Gates v. Board of Education of the City of Chicago (7th Cir. 2/20/19) asks a question that we see time and again in harassment cases—how bad does does the conduct have to be to support a harassment claim. The answer is bad enough, but not so bad so as to be classified as "hellish."

WIRTW #544 (the “it's a shame” edition)

I love how my kid's school embraces their individuality and creativity. Back in the fall, my wife and I had a quick conversation with one of Norah's teachers about her music, which led to him suggesting that she bring her guitar to school to share a song at one of their Wednesday morning all-division meetings. After a few weather related false starts, Norah finally had her chance this week. She chose to play It's a Shame, by First Aid Kit.

I fully understand that I am a biased dad. But, I also think that my 12-year-old's cover of the song (recorded by one of her friends) was a home run. Here's the link if you want to listen.

Here's what I read this week: