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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How Much is My Personal Injury Accident Claim Worth?

By James R -

When determining the value for a wrongful death and/or personal injury claim a number of factors are involved. One of the first factors looked at is the “special damages” or the plaintiff’s economic damage. This can include but not limited to monetary losses as a result of the accident, lost earning and medical bills. These type of damages are also usually easy to prove since they have readily available documentation. This article will focus on valuing a personal injury accident claim.

Non Economic Damages
On the other side of the coin are general damages or non economic damages. These tend to be much harder to prove and therefore require some degree of legal skill in order to maximize the payoff. This class of damages include but are not limited to impairment or loss of physical and mental capacity, loss of enjoyment of life, disfigurement, loss of consortium, companionship loss and emotional or physical pain and suffering.

Because of something referred to as “tort reform” many states have put a maximum dollar or award amount on non-economic damages. Because of this you need to make sure that the lawyer you choose to represent you is experienced in dealing with non-economic damages and related concerns.

Punitive Damages
It happens that sometimes the court will find that the defendant is liable for something called “punitive damages”. Keep in mind that these are usually not awarded as compensation for injury but rather to punish the defendant for there actions in the matter. However, in most states to get this type of award it must be proved that the event the claim is made on or injuries resulted from gross negligence,malice or fraud on the part of the defendant. This can include any separate statutory provisions that authorize the awarding of exemplary or punitive damages and sets a cause of action. Most punitive damages involving medical malpractice claims tend to be based on gross negligence and/or malice.

This article has focused on the things to consider that go into valuing a personal injury accident claim. of course when involved in anything that is outside of your own specific specialized knowledge you should seek the advice of competent professionals. In this case you should be looking for a lawyer that specializes in this field of practice.

Instead of just reading about it why not give yourself access to a personal injury resource that can assist you through your time of need? Click Here to read an article on filing a [http://www.1stchicagopersonalinjurylawyer.com/chicago-personal-injury-lawyer-article-directory/more-information-on-filing-a-criminal-injury-claim/]Criminal Injury Claim. That’s right you may not know what you need to do but get more information from reading a guide to claiming Compensation For Work Accidents.

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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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Henry Louis Gates and the Cambridge Police

I'm pretty diligent about sticking to issues of interest to personal injury lawyers on this blog. But Eugene Robinson has a great article on the Henry Louis Gates debacle that was both insightful and fun to read.

Product Liability

By Melissa Neiman -

The U.S. Food and Drug Administration (“FDA”) is one of the country’s oldest consumer protection agencies. The FDA’s purpose is to promote and protect the public’s health by trying to ensure that safe and effective products reach the market; to monitor products for continued safety after they are in use; and to help the public get accurate, science-based information regarding health issues.
The Center for Devices and Radiological Health (“CDRH”), a division of the FDA, must approve a medical device before it can be marketed to the general public.  The CDRH is responsible for testing and approving every medical device to ensure that it is both safe and effective.  The CDRH may discover a defect that prevents approval.  If the device is approved and a defect is then discovered, the FDA may request a voluntary recall by the manufacturer or issue a recall if the manufacturer refuses to comply.

Injury or loss may be caused by a medical device.  An individual person who has been injured using a medical device may be able to sue the manufacturer, wholesaler, company or person that sold the product for damages. A lawsuit can be brought against any person or company that was involved in producing or distributing the medical device.  There are three main categories in which evidence can be shown to prove a device is defective:

•    Design defect-There is a flaw in the conceptual design of the device.

•    Manufacturing defect-There is a specific defect which occurs during the manufacture of the device.

•    Warning defect-The device is not accompanied by adequate or reasonable warning or there has been a failure to educate the consumer at to potential and latent dangers regarding the device.

In some cases, the manufacturer of a medical device will clearly inform the physician community about the risks of a device and it then becomes the obligation of the physician to communicate those risks to the patient.

These cases are subject to a statute of limitations which is the fixed period of time in which a person must file a claim.  The statute of limitations usually begins when the patient’s illness or injury is discovered, rather than when the injury happened.
If a manufacturer, wholesaler or company that produced or sold the device is found at fault, a court can order them to pay damages.  Depending on the state where the injury occurred, the following damages may be allowable:

•    Economic damages: Compensation for monetary losses such as past and future medical expenses, loss of past and future earnings, loss of employment or business opportunities.

•    Non-economic damages: Compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life.

•    Punitive damages: Damages awarded for the purpose of punishing a party for intentional or reckless behavior or actions motivated by malice.

Melissa Neiman, M.D., J.D. http://www.mneiman.com

PROFESSIONAL PROFILE:

I am a Board certified neurosurgeon and licensed attorney authorized to practice medicine and law in Texas.  During my fourteen year private practice of neurosurgery I was involved in medical malpractice litigation as a consultant, case reviewer, and expert witness.  As a result of that experience I decided to become an attorney.  Since completing law school I have been practicing law and using my medical background in numerous areas including, inter alia, medical malpractice and healthcare fraud.  My combined medical and legal experience places me in a unique position to offer a wide range of medical-legal consultation to a variety of clients.

Article Source: http://EzineArticles.com/?expert=Melissa_Neiman

Are Personal Injury Claims Too Expensive?

By Peter Norman -

Personal injury claims refer to the case filed by the person known as a plaintiff against the defendant in order to get assistance by him on any physical or psychological injury caused by the negligence of the defendant and causing harm to the claimant. There are many reasons on which you can file a case: hit by a car, slip in front of somebody’s house due to icy sidewalks and fall down in the gutter or bitten by anyone’s pet animal. Because all these incidents caused a sort of harm to you, you can claim a personal injury if you can prove your case in the court.

The process of personal injury claim depends on the expense of the world you are living in. This term is very popular in the European countries where neither the process is lengthy nor fee of the case is very high. A moderate person can afford it very easily.

You can also seek legal assistance if you cannot settle the case of personal injury claims or if your case is too complex to handle. But you will have to be patient. Although the process is not lengthy but it takes some time to settle down the matter. If you are not in a position to pay even a reasonable amount of price free legal assistance is available in European countries. If you are willing to pay the fee of your case then the things which cost you are the notification letters, attested documents of your accidents, files proving that your injuries are not fake, letters required by the court from you or your insurances company if you have insured and most importantly the fee of the lawyer and solicitors. The fee is almost equal everywhere.

People in question have to pay numerous visits to the police stations in order to be heard. All those who can afford to pay for the injury or damage prefer not to indulge in personal injury claiming because of this. Keeping in mind the busy life of people, they do not have enough time to run after all this stuff.

Also there is no free legal assistance and the amount given to the lawyers is very high. For example, if you are claiming two hundred thousand in the defendant you will have to pay minimum of twenty thousand rupees just to speed up the process for the first hearing. Other expenses for documentation and files required by the court are there as well.

The benefit of personal injury claim is to avoid the same accident which occurred to you in the future. For example, you were driving a car and your car fell down from a bridge because there was no barrier on its side, you can file a case against the persons responsible for such harmful carelessness in order to save other people’s lives.

If the system is efficient, then the personal injury claim is not expensive; however in a corrupt society the case is opposite.

Peter Norman is helping others to get a personal injury claim.

Article Source: http://EzineArticles.com/?expert=Peter_Norman

Medical Malpractice - Mistakes by Medical Professionals During Labor and the Birthing Process

By Andy Rockman -

There are few events in life that can approach the wrenching hurt of watching a baby or child try to live in the world with brain damage or severe physical injury or disability. Fortunately we live in a time where knowledge and equipment exists that help medical professionals to anticipate, predict and plan for the potential of an abnormal birth. When a doctor pays close attention and remains plugged in to the labor and birthing process, available and prepared to act and react, tragedy can often be avoided.

In terms of medical malpractice litigation, the defense of a doctor most often revolves around determining whether the apparent abnormality has a benign or easy explanation. When it does not, the defense often argues that there was a sudden emergency that could not be anticipated or planned for. The medical malpractice attorney representing the family of the injured baby must know (a) the questions that need asking; (b) the answers that demonstrate that the failure to respond was excusable under the law and (c) how to separate the excusable failure to respond from defense manipulations of what was happening that seek to excuse wrongful inaction and the resulting tragic injury.

The investigation by the medical malpractice attorney for the family must look to prove that the unanticipated and unprepared for emergency should have been both anticipated and prepared for, and should not have been allowed to degenerate into a predictable crisis. Some of the relevant investigation questions are: Do fetal monitor tracings that appear temporarily abnormal have a ready and reoccurring explanation? Do they return to normal in time so that there is a firm reason to accept they were the result of temporary positioning of the fetus?

Is there something in the mother’s history or in the labor itself, that raised the risk of fetal compromise or danger that required anticipation and preparation by the doctor?

If labor is not progressing, is there an increasing risk of compromise of the cord that nourishes the fetus until birth and the baby’s ability to live separately from the mother? Has there been meconium staining, sometimes a sign of fetal distress and an indication that an earlier birth is necessary?

Was there some practical reason that would interfere with the need for a quick or emergent delivery? Did the doctor and hospital arrange to be ready for that potential, so that precious time was not wasted if a quick or emergency delivery in fact became necessary?

Did the delivery professionals properly anticipate and plan for the potential of a problem birth for the patient who had a problem labor?

The above are only a few questions that arise in brain damaged baby situations or with babies born with cerebral palsy. Investigation frequently boils down to figuring out what the delivery staff should have known and when could they and should they have known, appreciated and reacted, to avoid or minimize that developing risk to the baby.

The medical malpractice attorney for the family must ascertain whether the excuses of the doctor, after the fact, are simply the product of after the injury research found in a textbook or a witness hired to provide excuses.

The medical malpractice attorney for the family must determine whether or not the birthing professionals actually looked for and connected the dots prior to and at the time of the birth or did they, rather, bend over backwards after the injury to the baby to come up with benign, excusing explanations, because they failed to appreciate the pattern or collection of events that evidenced the baby’s increased need for protective action and caution. Further, it must be ascertained whether the doctor made primary the avoidance of unnecessary risk to the baby, that a more prompt delivery, recognizing the risk potential, would have provided.

The battle in this kind of a medical malpractice case is one between what the doctor knew or should have appreciated versus the many excuses and experts who are available to give excessive weight to the existence of after the fact possible excuses and explanations for delayed reaction, rather than timely anticipation and action.

Attorney Andrew Rockman is a partner who has been representing injured plaintiffs in medical malpractice cases in New Jersey for more than thirty years. He can be reached at 609 520 0900 or arockman@pralaw.com. Or visit http://www.pralaw.com

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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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Tips For Filing a Liability Lawsuit

By Bella Holly -

A Los Angeles liability lawyer can assist you with any liability problems that you may have. In most cases whenever people hear the term liability, they often times think of it as referring to car insurance. When in all actuality liability pertains to the state of being legally responsible for a particular event.

A Los Angeles liability lawyer will usually handle cases that involve a person who has sustained an injury either through a faulty or mislabeled product or hazardous property.

Product liability is the liability of a product that a manufacturer has to a consumer. To make things a little easier to comprehend, a product liability lawsuit would occur in the case that a product was faulty or malfunctioned. For instance, if you were using a blow dryer and it electrocuted you, this would be means for a product liability lawsuit. The manufacturer, sold a faulty product to you the consumer, and they are liable for any damages that product may have caused.

Premises liability is a little trickier then product liability. Premises liability deals with someone’s dwelling or land that they have sole ownership for. According to the laws pertaining to premise liability, if anyone is injured or something occurs on your land, the person that owns the land is held liable for whatever ailments they may have caused another individual.

It is very easy for a [http://www.losangelesliabilitylawyers.com]Los Angeles liability case to become complex, particularly when it comes time to gather evidence of the occurrence. Witnesses, security camera recordings, and photographs of the injury and the premises that caused the accident are just a few of the things that could prove useful in supporting your case.

We are all only human, therefore we are generally understanding when an accident occurs, but that doesn’t mean that the victim should be left footing medical bills, lost wages, and future treatment expenses when the fault truly lies with another person or company. If you believe you may have been injured through a faulty product or premises, please speak with a Los Angeles attorney as soon as possible.

You can find a Los Angeles liability lawyer through a detailed search on Google or a similar website. Take care in choosing your lawyer and make sure that you do a background check on any candidates you consider.

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Sexual Harassment Training in the Corporate World

By Zafer Ahmad -

Sexual harassment training can help managers, supervisors, and employees understand the critical issues of discrimination and harassment in the workplace. Some behaviors are disrespectful and others are outright illegal and discriminatory. Learning to recognize the various forms of harassment, from mildly irritating to completely inappropriate and to eradicate them from the workplace without stifling camaraderie and workplace bonhomie is the primary goal of training. Effective elimination of harassment in the workplace is the responsibility of every employee. An online training course in recognizing behaviors that are objectionable in ourselves and in others can be a starting point for your workplace.

Online learning portals are perfect for sexual harassment training. It is a natural human behavior, in reaction to sensitive subjects, to respond with juvenile jokes and crude jesting. Often this means classroom discussions of sexual harassment must be kept ‘clean’ with no real in-depth look at situations of harassment for fear of creating an inappropriate response in class. In group training either the seriousness of the subject does not get effectively communicated or the classroom itself becomes a laboratory of harassment. When you study online you will see video examples of severe harassment, but without the group discomfort the true impact of these situations will be felt.

Online learning also delivers an unprecedented level of flexibility allowing students to log on at any time throughout the day or night. You can arrange for home study or for time at the office. You can even consider combining on-site training with online training by holding a group session once all students have completed the online course. [http://www.ethicalworkforce.com]Online sexual harassment training is ideal for the orientation of new employees ensuring that new hires are brought up to speed on harassment policy as soon as possible. Studies have shown that when all employees have an understanding of various forms, actual harassment decreases significantly.

Awareness is your number one tool in eradicating discrimination and harassment in the workplace. Online sexual harassment training can be a large part of creating that awareness in your managers and employees by helping your employees learn to recognize the various forms of harassment and teach them the proper steps to take to report the offending behavior and get it stopped without destroying workplace morale. Help your employees understand the critical issues of discrimination and sexual harassment by signing them up for online training courses today. [http://www.ethicalworkforce.com]Online sexual harassment training

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