How to lose a harassment case without ever committing harassment

A New York sexual harassment case has demonstrated that an employer, and the offending manager, can lose a sexual harassment case without ever being found guilty of sexual harassment. How you wonder? Let me explain. The case The case involved a professor at Columbia University who claimed she was harassed and then denied tenure for …

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Another case of Stupid HR actions

First let me make it clear that by saying “stupid HR” I am not pointing a finger at the HR department, most the time. Generally I am pointing out an action taken by a company that is an illegal action. In this example it is a “stupid HR” action taken by the president of a …

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Turn your hood around; you might be able to see your mistake.

I occasionally report on Stupid HR situations. The EEOC told the story of one such situation, in a recent press release titled Downhole Technology to Pay $120,000 To Settle EEOC Suit for Race-Based Harassment and Retaliation. The company reaction to an employee’s claim qualifies as “stupid HR” in my opinion. Not a joke If you …

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Retaliation is a big deal to the EEOC

On September 7, 2016 I wrote Guarding against retaliation is a much more active process now! Since then I have read some additional material that certainly indicates that retaliation is a very big deal to the EEOC. The EEOC has even prepared suggested steps that employers should take to insure they do not engage in …

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Guarding against retaliation is a much more active process now!

In an August 29, 2016 press release the EEOC announced it final enforcement guidance on how retaliation is to be handles. As they announced retaliation is the most frequent claim of discrimination and exceeds 45% of claims of discrimination. As one of the three documents produced states “Federal equal employment opportunity (EEO) laws prohibit employers, …

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Is HR protected by retaliation laws?

In a discussion the other day about ethics I posed the question “What do you do if you feel your employer’s actions are discriminatory, you advise against the action, yet your employer proceeds with the discriminatory action?” From an ethical standpoint do you quit, keep your mouth shut and carry on, or report your employer …

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Discrimination Guidance

ISIS and the ongoing state of affairs in the Middle East are almost daily headlines in the news. The US Presidential debates have also broached the subject of Syrian refugees. For many people these are emotional topics that could have negative repercussions in the workplace depending on your employee population. The EEOC reminds us that …

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Not changing your mind on an employee’s resignation could be illegal

Usually when an employee resigns the employer accepts it and that is the end of the situation. Occasionally an employee will change their mind and ask if they can rescind their resignation. Many companies have policies against taking people back, after all they left for a reason, but some companies will take an employee back …

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Is retaliation such a big deal?

The Merriam-Webster definition of retaliation is either “repay an injury in kind” or “to return like for like, especially to get revenge.” It comes from the Latin word “retaliare” which meant to pay back in kind. Originally it was used in both a positive and negative way, but today it only has the negative meaning. …

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