Harassment and Discrimination at Work

By Joseph Devine -

In a world where we are becoming more and more aware of what goes on behind closed doors, employees are encouraged to come forward if they experience harassment or discrimination at work. Often, new employees must sign the company’s harassment policy, and sometimes businesses provide an anti-harassment and discrimination convention. This article will explore equal opportunity policies, types of harassment and discrimination, and how to overcome these problems at work.

The U.S. Equal Employment Opportunity Commission enforces the Federal Equal Employment Opportunity Laws, which strive to create discrimination-free workplaces. When a company describes a job opening as an equal employment opportunity, or EEO, it means that the employers cannot discriminate in hiring, firing, payment, layoffs, recruitment, training, benefits, etc. A business is required by law to post a notice visible to all employees that details their rights under the EEO laws.

Under EEO laws, companies may not discriminate based on age, sex, sexual orientation, pregnancy, national origin, religion, or race, among others. Also, businesses cannot fire or refuse to hire a person if they do not speak English unless it is a qualification for their job. For example, for someone whose job does not include conducting outside business with English-speaking customers cannot be fired for not speaking English. Employers must prove that the job listed absolutely necessitates English if they are discriminating against non-English speakers.

Harassment is purposely offensive behavior towards someone based on their age, gender, sexual orientation, religion, race, or religion, among other things. Basically, if it qualifies as something that for which you can suffer discrimination, chances are that you can be harassed for it as well. Harassment can be a wide range of action. Bullying, whether physical, verbal, or nonverbal, counts as harassment. Targeted pestering is another form of offensive behavior. Stalking, antagonistic teasing, namecalling, damage to person or property, and threatening or derogatory notes all count as harassment.

Perhaps the most thought-of type of harassment is sexual harassment. Not only can the actions listed above fall under sexual harassment, but there are a number of other offensive actions as well. Indecent touching, sexual assault, rape, lewd gestures or exposure, etc., can all harm a person who suffers from sexual harassment. Although most people think of sexual harassment as something that happens only to women, men can be sexually harassed as well.

If you have been harassed or discriminated against, it can be scary to take the issue up with authorities. However, it is important that you let someone know about your difficulties before it goes too far, or before someone else suffers the same offenses as you.

For more information on EEO and other business practices, try the Business Directory today.

Joseph Devine

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The True Nature of Diversity Management

By Kenneth Rice -

The inability to manage diversity in the workplace can be extremely harmful. It can cost in discrimination suits, litigation time and money, high employee turn over rates, and a negative community image. A productive and innovative work environment won’t happen with yesterday’s management practices. Your employees must both want to and be able to contribute to their maximum potential. “Diversity can build not only a healthy environment, but also a healthy economy. From a micro-economic point of view, differentiation in cultural and gender perspectives can help to eliminate blind spots and prevent a particular homogeneous group from going lock step in the wrong direction.” [1]

The objective of diversity is to unify the entire organization and deepen the cultural change within the institution so that processes, communication and actions align with institutional beliefs, values and priorities. In his letter to the Colossians, the Apostle Paul reminds us that the distinctions that separate us are no longer significant. “Where there is neither Greek nor Jew, circumcision nor uncircumcision, Barbarian, Scythian, bond nor free…” [2]  Organizations that desire to reach their full potential must transcend all barriers and engage all people, from all cultures, races, and backgrounds.

_________________________________________________

[1] Spitzer, Robert J. (2000). The Spirit of Leadership: Optimizing Creativity and Change in Organizations. Provo, UT Executive Excellence.

[2] Holy Bible. (1997). King James Version. Zondervan Publishing, Grand Raids, MI. Colossians 3:11.

Lieutenant Ken Rice is an Active Duty Naval Officer stationed in Norfolk VA.  He is currently assigned to Commander, Naval Surface Force’s Warfare Requirments Directorate as the FORCEnet Requirements Officer. Lieutenant Rice is responsible for the program analasys and budget oversight for Information Technology Transformation for the Surface Fleet. He is currently enrolled at Regent University working towards a Doctorate in Strategic Leadership.

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Sexual Harassment - The 900lb Gorilla in the Room

By Cubie King -

Sexual harassment is yet another reason companies must immediately conduct supervisor training for staff. It is the 900lb gorilla in the room most companies would rather ignore, but it is not going away. This red hot issue must be dealt with, and the sooner the better.

An Illegal Act

The very first fact that supervisors must be taught is that sexual harassment is an illegal act punishable by law. According to the Equal Employment Opportunity Commission (EEOC), companies paid out over $50 million in 2002 along to settle cases brought by employees. And with the average payout estimated at around $750,000, this has become a road to wealth for workers across the country. The cases I’m personally privy to are shocking. Supervisors gone wild in workplaces throughout the country, often costing irreparable harm to the company’s reputation and image in the community. One thing most supervisors fail to realize is (besides being held personally liable from a monetary point of view) they can also be brought up on criminal charges as well.

The Numbers Are Staggering

It is estimated that some 15,000 charges of sexual harassment are filed with the EEOC each and every year. And that $50 million awards figure noted above does not include employees who decide to litigate instead of settle their cases. And get this more than 90 per cent of victims never file a formal complaint or file a lawsuit. If companies are paying out over $50 million (not including litigation), and 90 per cent of employees never bring the charge up, then we have a very serious problem. This really is a 90lb gorilla in the room. Companies that choose to ignore this problem, do so to their own peril.

The New Frontier

With the world of work changing rapidly, there is an upsetting trend happening in today’s workplaces. Same sex harassment is exploding in record numbers. Supervisors must be trained to spot, address, and effectively deal with this increasing problem. Some 21% of all cases filed with the EEOC yearly are same sex harassment.

Get This Training Done ASAP

Your company must immediately go on record and get clarity with workers and supervisors as to what is strictly prohibited conduct in the workplace. Explicate everything from back rubs to invading a workers space, to risqué jokes to downloading porn on the company’s computers. Companies today cannot afford to leave any stone unturned. Supervisors should know the legal ramifications of their actions and have the chance to ask questions of your policy.

The company is not a baby sitter, nor should it become the relationship police. However everyone including supervisors should understand the legal backlash that may result from their careless actions. In simple terms, supervisors should just say no to office romances because workplace fraternization today is an open invitation to give away everything they have worked for in their life, including their reputation. Companies need to conduct sexual harassment training every year at the very least, in order to keep it fresh on the mind of every employee. The strategy being to correct the harassment before it becomes a major problem.

Summary

Sexual harassment is an illegal act punishable by law, and is yet another reason companies must immediately conduct supervisor training for staff. Companies today cannot ignore this 900lb gorilla sitting in the room. Therefore, they must be proactive in providing clarity on this red hot issue.

© 2009 Cubie Davis King. All rights reserved.

Dr. Cubie Davis King, Ph.D is a Training & Performance Improvement Technologist, with a resume which includes 9 years military service, and executive positions with Xerox & CitiGroup, Dr. King has won top performance awards at every level in his storied career. He heads FIT (The Foundation for Improving Talent & Performance). His latest work is the SuperVisors Core Training 1.0 System .Dr. King is an adjunct professor at National University in San Diego, CA. To reach him go directly to Dr. King’s website http://www.goldcrowninc.com

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What to Do If You Are a Victim of Employment Discrimination

By Tony Bertolino -

I am not revealing any great secret by stating that our country is in the middle of tremendously difficult economic times. The smallest businesses to the largest corporations are forced to lay off employees or close their doors altogether. It is likely that every person who is reading this article knows someone who has lost his job, or maybe even is facing this terrifying reality personally. In most instances, I am certain that the employers are taking every step possible before affecting their workforce and are careful in their decisions when employee cuts have to be made. However, there are some unfortunate instances in which bosses make personnel choices that are unfairly based on prejudice, illegal cost-cutting efforts, or pure retaliation. If you believe that you have been a victim of discrimination at your work, or have even been wrongly terminated from your position, it is important that you contact an employment law attorney immediately.

You need to know that the laws of Texas are not set up in a way that favors employees. Our state operates under the concept of “at will” employment, which essentially means that you work at the pleasure of your boss and he or she can fire you at any time.  There does not need to be any reason given for your termination. However, you are protected by both Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act of 1964 , which spell out certain instances that constitute employee discrimination. According to the law, you cannot face adverse effects to your employment status for any of the following reasons:

- Your race, color, national origin, religion, sex, or age (with certain exceptions)
- Disabilities that are covered under the Americans with Disabilities Act
- Requesting unpaid leave as warranted by the Family and Medical Leave Act (FMLA)
- Reporting acts of fraud or environmental or safety violations at your place of employment
- Your contract explicitly states only certain reasons that you can be fired
- Refusing to commit an illegal act on behalf of your employer

Claims of employment discrimination have increased both in Texas and nationally over the past several years, likely due in part to the faltering economy. The Equal Employment Opportunity Commission (EEOC) in Texas investigated approximately 13,000 more complaints filed in 2008 than they did in 2007, with a total of 95,402 charges being issued against employers last year.  There are several possible reasons for which the economy may be a factor in these numbers. When forced to downsize, an employer may make decisions based on bias. Also, someone who has been fired and knows that the possibility of finding another job quickly is not good will more closely examine the reasons for his termination. Finally, if a person has been dealing with unemployment for an extended period of time, he may get frustrated and think back on how his former employer may have wronged him. All of these factors, as well as the unfair discrimination that has always occurred in the workplace to some extent, are affecting the need for, and the approach of, employment law attorneys.

If you believe the discrimination you faced fits into one of the protected areas, what steps must be taken in moving forward with a complaint? As I mentioned before, your first action should be to contact an attorney to partner with you through the process. An experienced lawyer will be able to ask you the right questions to determine the strength of your case, find witness who will corroborate your story, and assist you should the case reach mediation or even the courtroom.

Once you have secured legal representation, you will want to file an official complaint with the Equal Employment Opportunity Commission (EEOC) and/or the Texas Workforce Commission Civil Rights Division. You will need to be prepared with as many details about your allegations as possible, including the reasons that your employer gave for his actions, the reasons that you believe that actions constitute discrimination, other employees who either can be a witness to the inappropriate behavior or who were clearly treated differently under similar conditions, and the specific dates on which the incident(s) occurred. If you were passed over for a promotion, why do you think you were more qualified than the person who received the job? If you received a poor performance evaluation, how can you prove that you were doing an effective job? The more substantive and detailed information that you can offer, the stronger your case will appear.

You then will be assigned an investigator who will gather as much information as possible from both you and your employer, and may attempt an initial effort at mediation to resolve the issue as quickly and as effectively as possible. If mediation is not a viable option of proves unsuccessful, the investigation will continue until one of three conclusions is reached and presented to you in the form of a “right to sue” letter ; there is cause for your complaint, there is no cause for your complaint, or there is insufficient evidence to determine either way. In any instance, you retain the right to sue your employer in state or federal court for at least ninety days after a decision is reached by the investigator. The letter you receive is simply meant to support or refute your claim of a viable case. If you do have an attorney working for you, he or she will be able to help you make the best decision concerning the future of your case.

Being treated unfairly at work or being laid off from a position you may have held for many years is always a difficult situation with which to cope. However, if you know that the reasons for the actions taken against you are based in discrimination, the situation quickly becomes much more personal and painful. While Texas is not a state that favors the employees in most situations, there are certain, well-defined reasons for which you cannot face bias from your employer. You need to know your rights and the most effective ways to assert these rights as you travel through the administrative and legal process of filing a complaint. Do not take this journey alone. You deserve the right to support your family, move forward in your career, and maintain a solid professional reputation without the ugly threat of discrimination hovering over you. Take that first step today.

Tony R. Bertolino is a managing partner with Bertolino LLP, a Texas law firm that has offices in Austin, Houston, and San Antonio. Bertolino LLP has attorneys who practice in the area of business litigation and can assist you if you have been the victim of employment discrimination or wrongful termination. Please visit our website to learn more.

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Dealing With Discrimination and Harassment in the Workplace

By Timothy Arends -

Discrimination and harassment in the workplace has been a frequent topic of discussion in the media. But did you know that shy people are often a frequent target of discrimination and harassment?

Shy people’s quietness, seemingly timid disposition and lack of assertiveness can make them easy targets of harassment by bored or disgruntled coworkers. Sometimes shy people have trouble making eye contact, which can be seen as a sign of weakness.

Furthermore, shy people often have more difficulty making friends and building relationships when starting a new job. Networking is more difficult for them, and fewer people will come to their defense or aid if they are unfairly criticized.

Indeed, unreasonable or unjust criticism is a frequent weapon of on-the-job harassment. There are laws against racial or sexual discrimination, but there are no laws against “shy” discrimination.

Criticism is almost universally seen as an important tool to help us improve our work performance. In many cases, it can be. But criticism can also be used as a weapon to paint someone they don’t like as an incompetent. On-the-job gossip, backbiting or ridicule can be quite brutal and can damage one’s reputation as an effective worker. As author Sidney B. Simon once wrote, “the knives of negative criticism which people stick in us are just as sharp and deadly as those made of steel and borne by assassins.”

Simon went on further to state that “our society has somehow conditioned us to accept the notion that criticism of all sorts is bound to be good for us… that the more it hurts the better it is for us.”

But the term “constructive criticism” implies an important corollary: that criticism can also be negative, unreasonable, hurtful and destructive. It can be a weapon in office politics or simply a form of gossip and backbiting towards another in order to create a false sense of self-importance or to relieve boredom.

How to you deal with such forms of harassment? It is certainly a good idea, when starting off in the new workplace, to build as many relationships and friendships with coworkers as possible immediately, something that is admittedly harder to do for shy people. It is also a good idea to learn names and job positions of all coworkers on the first day.

Many people try to grab a false sense of prestige or importance, and they can do an amazingly effective job of putting on airs and making new workers think that they have some kind of supervisory power when in reality they have none. So it is a good idea to get all these things straight as soon as possible. Remembering everyone’s name and position will also help you to make a good impression on your coworkers.

The author of this article describes many more ways to deal with difficult people effectively in his new course, “Break out of your Shell! How To Overcome Shyness So You Can Get On With Your Life!” In it, he discusses how to deal with many types of difficult people such as constant interrupters, people who go on and on and on and on, snobs, bossy coworkers, constant critics and argumentative know-it-alls.

Learn more about this breakthrough system at Shy Facts and get a FREE ebook, “How to Remember People’s Names; the Master Key to Success and Popularity.”

This article may be republished in any newsletter, ezine or website, provided this message is included.

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Why All the a Race Arguments? Discrimination and Reverse Discrimination Problematic

By Lance Winslow -

As one lives their life in the present period, one has to ask what is going on with all these race issues? Why can’t humans get beyond all that? We have politicians, entertainers, and even administrators fall from public grace and get fired due to some group that purports they’ve been “outraged” by something they said in passing about race. Worse, it’s plastered all over the media and usually out of context. It’s gotten to the point that you just cannot talk about it at all.

One of the members of the Obama Administration stated that; As a nation we are chickens when it comes to race,” and he was absolutely right, we really are, but why? Not long ago, a friend of mine noted that out of respect for those who are too sensitive to discuss it; “. . .and maybe out of concern for getting my white cracker butt kicked, and the fact that I find it boring, I steer clear personally.”

Yes, it is boring. It’s just a bunch of people commoting over nonsense, who cares? We ought to dump the race arguments and admit that we are all similar and have various combinations of DNA, making us a little different genetically, some of that is visible, some is not. We also ought to admit that there is strength in numbers and in diversity, so we ought to stick together as Americans, and celebrate those minimal differences that make us just a little different from one another.

We ought to let the best men compete, and allow the best men to do what they do best; or women. Who cares? In other words we need to stop this nonsense and bickering and figure out how we can do all we do better. Please consider this.

Lance Winslow - Lance Winslow’s Bio Lance Winslow is also Founder of the Car Wash Guys, a cool little Franchise Company; http://www.carwashguys.com/history/founder.html

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Impact of Discrimination on an Organization

By Naeem A Syed -

Organization Geared Up

Once the New Year is up, all hectic activities of a company become suddenly geared up. New Proposals, New Product launch, New Tenders, New Contracts, New Agreements, New Recruitment, New Appointments, and so on.

Each Department or Division responsible for the respective activities starts its part of assessments, budget forecasts, manpower requirements, etc. for the development of the business activities which will naturally culminate into the development of overall businesses of the company. These Departments or Divisions also generate Annual Confidential Reports (ACRs) of their staff in order to award them with promotions, bonuses and other monetary benefits in the shape of allowances.

A company, small or big has to have a few departments of importance to run the business smoothly. Planning an organization, Creation of Policies and Procedures for the functionality of the proposed company, Manipulation of Finance, etc. comes at the top of the urgencies prior to the company’s commitment to Production and Marketing. That is why the Corporate Office comes at the top, heading the company. It takes into confidence and consults with various set ups of the company from time to time, while planning an activity or considering a launch of new Product, chalking out healthier policies, arranging finance, allocating budget, Installation of Plant and Machinery, Recruitment and Training of staff, Production and Marketing.

The Problem

Each Department or Division of the Company has its own peculiarity. A dereliction of duty or any sort of lapse on the part of any Department or Division deteriorates and performance spirit of the staff resulting into a demoralized work force and culminating into a monetary loss. This type of managerial problem from any single department has its full impact on the overall functionality of the Organization. Thus without the required proper input from the concerned Department, the healthier fabric of the well knitted policies and procedures becomes weak. Due to one problematic Department, the whole Organization suffers.

Identification of the Problem

It becomes imperative on the part of the top management to quickly identify the problem and take rectification measures to bring back this derailing and failing department on the tracks. Generally, the problems occur in a Department of a healthy Organization due to the application of wrong methodology, non application or improper implementation of certain policies and procedures, insufficient budget allotment, shortage of manpower, unrest of staff due to the weak or mismanagement of a particular Departmental Head. His discrimination in passing on the corporal benefits actually chalked out for every staff of the Organization becomes the major factor. Favoritism shown by him to only a certain segment of staff becomes the root cause of all the trouble.

Impact of Discrimination

It has often been noticed that any benefit by the Corporate is mostly divided between the higher levels of Management, without caring for their subordinates’ hard work, without rewarding them appropriately, or benefits passed on showing disparity in distribution. Discrimination in distribution of such monetary benefits to the Employees will certainly demoralize the staff resulting in low performance, stagnation in the development, resignation of jobs, loss in sales, and loss in overall revenue to the Organization itself.   This will have an indirect impact on the image of the company with the outside world, due to the large no. of resignations, job hopping and transfer requests of the staff. Resignation of well trained staff by the company is surely a loss of time and efforts in the making of talent for the company, which could have been otherwise utilized for the best benefit of the Organization as a whole. Right from the lowest segment to the computerized environment of the entire Organization there is no any special technicality in anyone. In other words everyone is as important as any single rung of a ladder while the ladder stands straight and goes up to reach the top.

The mantra of success for an organization lies at its understanding the fact that every one in an Organization needs to be recognized. Discrimination between staff on any lame excuse in order to pass on the monetary benefits only to a particular segment of staff will certainly cause the organization to develop ruptures within, which in the long run will ruin the well knitted fabric of the Organization.  Normally well qualified staff leaves Organizations where such discrimination is practiced. A study shows that talented staffs do leave the company due to the behaviors of their immediate Supervisor or Manager. The unjustified application of procedures and unequal treatment cause a stir within the employees, who at any given stage adopt unison tactics, culminating in Employees Union formations - an avoidable, biggest headache for the Organization. The undue favoritism shown by the particular Manager to a certain segment of staff falls under unhealthy and unreasonable corporate practice which is considered a clear discrimination. For such an abuse of power disregarding the laid down procedures and polities of the Organization, the concerned Manager becomes responsible for the dereliction of his duties with egotism and unwarranted personal self-importance.

Remedy

Proper Classification of Staff

In most of the failing Organizations, it has been observed that the discrimination between staff comes due to wrong or improper classification of staff. A healthy Organization treats and takes care of the entire staff segment as one body. Staff pertaining to Corporal activities such as Procedures and Policy makers, Finance Managers, HR Executives - who care for the overall recruitment, selection, hiring, training, deployment and further welfare of the staff - Administrators, Accountants and Office Supervisors should be considered at par as important as the staff belonging to Architectural and Engineering, Production and packing, advertisement and marketing, machinists and technicians. Technicality and non-technicality must be duly taken care of by the time of appointment itself, offering them an allotted pay scale with allowance for their higher qualifications, and placing them in appropriate grades.

The responsible Corporate office must enact and ensure for all to follow one code of conduct, one procedure for the implementation of its policies, one common grade according to the classification of jobs, one pay scale to the applicable grades, without any distinction, discrimination or favoritism. Annual Bonuses, Bonus based on performance, Dearness Allowance, Housing Allowance, Transportation Allowances, Medical Benefits etc. must always be common to each and every staff of an Organization.

It is very easy to find out the problem erupting from any Department or Division of an Organization if the Corporate Head and the concerned HR personnel at command possess hearts and minds to appreciate the grievances of the suppressed staff. Simply monitoring the implementation of laid down policies and a liberal counsel from senior staff from all segments of the Organization other than the Departmental Head and/or Supervisor, would help identifying the culprit or root cause of the problem.  On identification of the trouble maker or the problem, simply the Manager concerned must be given a training therapy in behavioral science for the development and inculcation of his well mannered approach towards his subordinates. He must be advised to attend courses on inter personnel skills.  He must be made to understand the harm he is causing due to the adopted way of his thinking with undue favoritism practiced at the expense of other staff. Many a times, persistent stir of the employees cause considerable loss to the Organization, which could make null and void the projected savings due to non implementation of the common code of practice and stoppage by him of sanctioned monetary benefits to all employees at a stretch.

Unless the concerned Organization / Company treats its staff at par and ensures proper distribution of benefits to all, there are more chances of its losing very many excellent hands, bearing the brunt of loss of time, money and energy in the making of a talented work force. This discrimination between staff would also help opening a Pandora box of organized unions of its employees, finally.

Naeem Syed is the Founder And CEO of Shaadmaani.Com & Co-Founder of CaliberJobs.Com. A Social Worker And Responsible Citizen of India, Naeem Syed has several Websites for the benefit of Citizens of this world. He writes on Social Issues and Cultures. Naeem Syed may be contacted at http://www.Shaadmaani.Com & http://www.CaliberJobs.Com

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First Line Supervisors - The “Achilles Heel” in Discrimination Cases

By Cathy Baniewicz -

Having the correct human resources policies and procedures in place is not sufficient to prevent findings of unlawful discrimination if your supervisors are not properly trained. Often someone is promoted into supervision without any experience managing people. First line supervisors are considered to be “management” and as such are responsible for knowing and following the myriad employment laws.

“Preventative maintenance” is always cheaper in the long run.

The Number One Rule: Don’t’ promote someone to supervision solely because they are a good worker. Make certain the individual has the skills and abilities to become a good supervisor.  If the employee has no management background, do skills assessments to help you determine if the person has what it takes to be an effective member of your management team.

Make certain the new supervisor receives the necessary training:

Review all policies and procedures in detail, making sure the new supervisor understands the proper disciplinary procedures for violations of company policy.

Supervisors should be familiar with federal and state employment laws. There are numerous training courses, seminars, etc. on employment law for new supervisors. Many courses are offered online, thereby saving travel expense. Remember, ignorance of the law is never an acceptable defense.

All personnel should receive sexual harassment training. This is a growing area of litigation and proactive measures to train the workforce are strongly recommended by the Equal Opportunity Commission.

If supervisors are involved in recruiting, make certain they understand the various “legal” factors involved in the hiring process, i.e. candidate screening, appropriate interview questions, employee selection based on being the most qualified for the position.

Red Flags!

•    Supervisors who play favorites and do not apply your policies and practices consistently. Someone who is constantly bending the rules puts the company in a vulnerable position regarding discrimination claims.

•    Supervisors who keep their own files. Matters regarding performance problems should be in the employee’s personnel file. All supervisory files are subject to subpoena in discrimination cases, so be certain you know what information a supervisor is keeping.

•    Supervisors who view training in employment laws, etc. as a “waste of time”. Countless discrimination suits have been lost because of the inappropriate actions of first-line supervision.

•    Supervisors who wing it and don’t ask questions. Communicate that employee relation issues are important, and encourage supervisors to be upfront if they need help or training.
No one has all the answers.

Hold your supervisors accountable! If you have a performance appraisal program, be certain that compliance with all employment laws is a factor in the supervisor’s evaluation.

Cathy Baniewicz has over 30 years experience in human resources. Her career began at Beatrice Foods Co., where she progressed to Assistant Director of Affirmative Action and Corporate Personnel Manager. Prior to joining EffortlessHR, Cathy was Assistant Director of Human Resources at Golden Eagle Distributors, Inc. (Budweiser). Cathy has her B.A. degree from DePaul University, Chicago, Illinois, and MBA from George Williams College, Aurora, Illinois. Cathy obtained her Professional in Human Resources (PHR) certification in December of 2004. EffortlessHR is an on-line Human Resources Program designed for small businesses. This program will guide you through the maze of human resource laws and issues. You will have access to your employee information anytime, anyplace. Federal and State laws, personnel forms, “How To” guides, posters and reports are at your fingertips. EffortlessHR is affordable at only $24.95 per month or a discounted annual rate. Sign up today for a no-risk free trial. Go to http://www.effortlesshr.com - or call us at (520) 546-3947.

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Age Discrimination Claims Rise Along With Unemployment Rates

By Thomas H. Taylor -

When unemployment claims climb, it only makes sense that employment-related discrimination and retaliation claims follow suit. And statistics from the federal Equal Employment Opportunity Commission indicate that is indeed the case: employment discrimination and retaliation claims by employees go hand in hand.

Laid-off workers — especially those who are 40 or older — are increasingly taking more legal action to recover their jobs or lost wages. Experts tracking the numbers suggest the increases are due not only to more layoffs in general but more particularly because of

The difficulties experienced by older workers in finding new employment;

The perception of some employers that older workers are less physically able to perform manual work;

The perception of some employers that the cost of wages and benefits for older workers are higher;

The perception of some employers that younger workers are more familiar with information systems and technology needed to promote higher productivity; and

Changes in the law that make it easier for employees to pursue age discrimination claims based upon disparate impact without having to prove intentional discrimination.

With employment discrimination claims likely to increase, it’s more important than ever for employers to take proactive steps to limit the risk of employment discrimination claims. Employers would be wise to consider

Adopting policies that prohibit employment discrimination, sexual harassment and retaliation in the work place.

Posting mandatory federal and state notices concerning employment discrimination and other employment laws.

Conducting training for managers and supervisors to ensure they understand the applicable laws.

Ensuring that persons involved in the hiring and interviewing process do not ask inappropriate questions about an applicant’s race, national origin, sex, age, disabilities and other protected classifications.

Documenting carefully all of the nondiscriminatory reasons for disciplinary actions, warnings, performance reviews, terminations and other employment-related decisions.

Investigating and responding to employee concerns about possible discrimination and retaliation in the work place.

Avoiding any action that could be construed as retaliation against employees who raise concerns about employment discrimination and sexual harassment.

In many ways, employers have entered a new age of discrimination claims, particularly as the population continues to age.  And when you consider that compensation for a successful age discrimination claim is unlimited, employers have far more to lose than employees.

Thomas H. Taylor is an attorney with Johns, Flaherty & Collins, SC,  a full-service law firm based in La Crosse, Wis. According to the Martindale-Hubbell Law Directory, Johns, Flaherty & Collins, SC, has more top-rated lawyers than any other La Crosse law firm. His article originally appeared in The Business News.

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Harassment and Discrimination Laws Broken - Your Bill

By Franca Sala Tenna -

Hindsight is a great thing. With hindsight we would change so many of our actions, or would we?  Big Audio Dynamite sing, “if I had my time again I’d do it all the same.”  Is this the song that employers sing when it comes to how they treat their employees, even when  there is a large body of research speaking as the voice of hindsight, calling out, “beware, danger, do things differently.”

Recent research has shown that a shocking 53% of people questioned in a BBC study reported being victims of workplace bullying or harassment at one point in their careers, with as many as 77% of respondents either witnessing workplace bullying or being aware of its existence in their place of employment. If an employer is lucky, or well-trained, it can resolve the behaviour internally. That is the best option. However, if that does not happen the employer can face legal action for breaching equal opportunity laws, unfair dismissal, criminal injuries compensation and possibly even defamation. Even if  the employer wins, they are unlikely to recover any legal fees.

An employer also has to consider the hidden costs which occur. Replacing staff, staff absenteeism, payment for health-related problems due to the behaviour, lower staff morale and therefore lower staff work performance are some of the flow on costs from the illegal behaviour.

Whichever way you look at it, it all adds up and an employer is the one who will have to pay.

Consider this scenario:

Account rendered for breaching EEO laws

ITEMS

1. Internal Investigative Process                   $3,100

2. Internal Settlement of Complaint                 $13,600

3. Related Health and Medical Expenses              $35,800-119,500 per employee

4. Legal Costs (to take it to trial)                $15,600

5. Trial Costs (average hearing 4 days)             $31,000-71,000

6. Staff Replacement (1 in 4 victims will leave)    $52,500-150,000

7. Absenteeism $15,400

8. Low Staff Morale & Decreased Staff Performance   $29,000

______________________________________________________________

TOTAL PAYMENT DUE                                   $196,000-417,200

___________________________________________________________

How much is a safe, fair workplace worth?

It makes no business sense for employers to allow unfair and illegal behaviour to occur in the workplace (whether knowingly or not), especially when there is a real solution to the problem.

The Equal Opportunity Act 1984 (WA), and other similar legislation in all the states in Australia, provides a platform from which employers can establish their company’s policies and practices in this area. But employers, be ware, written policies are not enough, they have to be followed up by ongoing employee training in the area and consistent application of the policies to all employees at all times.

Franca Sala Tenna

LLB, Bsc, DipEd.

Legal Consultant and Trainer http://franca.com.au/

Employers, are you protected from legal action an employee might commence because of illegal behaviour from another employee? Know your responsibilities about sexual harassment and discrimination. Don’t get lumped with a big bill. Email me today for a FREE consultation.

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