training

July 23, 2013

Liability depends on status of harasser

The risk of vicarious liability for harassment and hostile work environment looms a little less large as a result of a recent Supreme Court decision. Vance vs. Ball State University narrowed the definition of “supervisor.” Employers should not jump to the conclusion that only supervisors can cause liability in harassment or discrimination cases. Employers have the duty to provide a healthy and respectful work environment. The Supreme Court found Faragher v. Boca Raton and Burlington Industries, Inc. v. Ellerth instructive landmark sexual harassment cases. These cases established the need for employers to demonstrate a well- communicated policy and complaint procedure, […]
June 26, 2013

Decisions, Decisions

One-half of the new employees hired leave their positions within one year, according the Dan Heath co-author of Decisive: How To Make Better Choices in Life and Work. This suggests employers are too quick to hire and the candidate may be too quick to accept. Heath offers these reasons for poor decisions; narrow framing such as “whether or not thinking;” confirmation bias; short-term emotions; and overconfidence. The acronym WRAP is used to combat these decision villains. Widen your options. Whenever you find yourself in the “whether or not” decision, stop. Allow that thinking to be an alarm. One technique is […]
May 30, 2013

EEOC: working smarter

The Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL) and the Department of Justice (DOJ) have been working together; sharing and coordinating information. This collective enforcement can result in an employer having multiple claims from various agencies due to a single issue. This combination has other synergistic results; including the ability to initiate class-action lawsuits. The EEOC’s mission is to “stop and remedy unlawful employment discrimination,” to achieve the EEOC’s vision of “justice and equality in the workplace.” EEOC developed a strategic enforcement plan (SEP) to effectively carry out its mission. The SEP establishes the Commission’s priorities for […]
April 25, 2013

How To Avoid Retaliation Claims

Employers must be aware of the wide and deep exposure to retaliation claims. Retaliation hit the top of the charts for claims of discrimination. In 2011, it comprised over 37% of all Equal Employment Opportunity Commission (EEOC) claims, compared with race at 35% and gender (28%). The number of retaliation claims have doubled since 2000. There were 37,334 retaliation claims filed with the EEOC in 2011. Legislative and case law have broadened the scope of retaliation and those protected against retaliation. EEOC’s 2013 agenda includes a focus on retaliation. Case law has lowered the burden for establishing retaliation. There has […]