The EEOC sent a powerful signal last week that sexual harassment was still squarely on its radar filing 7 lawsuits against employers across the nation while reconvening its Select Task Force on the Study of Harassment in the Workplace. “As…
Sexual Discrimination
The Effects of Gender Disparity Ripple Through An Organization
Gender inequality takes many forms, the most obvious being the difference in earnings between men and women doing the same kind of work. Even where there is pay equity, subtler forms of inequality may be present from men getting the…
Supreme Court Rules In Favor of Baker In Wedding Cake Discrimination
The US Supreme Court has ruled in favor of a Colorado baker who refused to make a wedding cake for a same-sex couple. However, the 7-2 decision sets no precedent, instead the majority said the Colorado Civil Rights Commission showed a…
Epic Shift: Court’s Class Action Decision Could Limit #MeToo Cases
The Supreme Court’s landmark decision yesterday on arbitration agreements has widespread implications for all employers. In Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Gorsuch, the Supreme Court held that arbitration agreements and class/collective action waivers are…
If You’re Sued, Your Sexual Harassment Report Could Become Public
A female employee has just complained to HR that the CEO harassed her. This complaint is the third one against the same alleged harasser. So, you hire an outside attorney to conduct a full investigation, anticipating that there might be subsequent…
‘Ground-Breaking’ Ruling Says Transgender Discrimination Is Covered by Title VII
The U.S. Court of Appeals for the Sixth Circuit recently ruled, in what many have described as a ground-breaking decision, that discrimination based on an employee’s transgender status is discrimination based on “sex” in violation of Title VII of the Civil Rights…
Shedding Light On Workplace Abuse
For decades, an executive at a movie production studio engaged in predatory behaviors against women who worked for and with him. When allegations came to light it was revealed that dozens of women were his victims. Worse, the organization he…
Can I Immediately Fire a VP Based on Sexual Harassment Allegations?
Dear Littler: I am a senior HR manager at a mid-sized company. One of our female team members just reported her manager, a vice president, for inappropriate conduct. She claims that what started out as mild flirtation on his part has…
We Get the Sex and Lies, But Why HR?
When I first started in HR, no one knew who we were. Heck, we weren’t even HR back then. In 2005, popular business magazine Fast Company brought HR into the spotlight, in a not-so-gracious way, with a cover story stating Why…
If You Call Him ‘Mr.’ Then Call Me ‘Ms.’
In the eighties, I worked on a project that required me to travel with a team to a site where we had to sign in and wear badges. We went there about once every month for over a year. It…
What You Need to Do to Prevent Sexual Harassment In the #MeToo Era
In December, TIME Magazine’s “Person of the Year” was “The Silence Breakers.” These were the “women (who) have had it with bosses and coworkers who not only cross boundaries but don’t even seem to know that boundaries exist … These…
Here’s How to Make 2018 the Year of HR
Human resource professionals had more than enough on their plates in 2017. Uber started off a year full of fails with the loss of over 400,000 customers after a massive price surge. The morale of the company sunk lower when…
Does Your Insurance Cover You Against Sexual Harassment Claims?
The last few months have brought seemingly unending news detailing allegations of sexual impropriety against politicians, celebrities, the news media, and other public figures. As a wave of victims march forward and social movements such as the #MeToo silence breakers grow, there…
Lawmakers Taking Aim At NDAs In Sexual Harassment Cases
In 2017, the #MeToo movement highlighted the prevalence of sexual harassment in the workplace, toppling prominent figures in numerous fields. Sexual harassment has been unlawful for decades, of course, yet this vexing problem remains. In the wake of #MeToo, federal…
HR Has a Role, But Leadership Has to Take Responsibility For Conduct and Culture
I am still processing the significant amount of commentary about HR’s role in the recent sexual harassment scandals. I wrote earlier about the demands placed on HR that keep us buried in adminis-trivia so that we don’t have time for important work….
How Tech Can Help You Put the Brakes On Workplace Sexual Harassment
Inappropriate jokes. Slurs. Unwanted physical contact. When workplace harassment takes these forms, it’s easy to pinpoint. But its official definition by the U.S. Equal Employment Opportunity Commission encompasses other, less obvious forms, including wearing offensive clothing and sharing emails or…
Fired Google Engineer Sues Claiming Discrimination Against Caucasians, Men and Conservatives
Google has been hit with a class action lawsuit alleging it discriminates against white male conservatives. Filed Monday in California state court in Silicon Valley, the 161 page suit by former Google engineers James Damore and David Gudeman includes an…
Should NDAs Be Banned In Sexual Harassment Cases?
Victims of sexual harassment are no longer staying silent. The recent wave of allegations against popular and public figures has shown a sea change in how the United States addresses this issue. #MeToo has given victims a voice. But while…
I Was a Female Marine In the 70s
Back then we were called Women Marines, WMs or BAMs. We told ourselves that BAM stood for Beautiful American Marine, but we knew better. I was assigned a 0102 MOS (that’s military occupational specialty) as a Personnel Officer. When I…
Can We Make the Workplace Safe When the Harasser Is the Boss?
The current revelations about how women have been treated – a spectrum of transgressions ranging from insensitive behavior to alleged sexual contact with minors – have unleashed what could become a reckoning in all sectors. Movie studios, media companies and…