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Sexual Harassment Only EEOC Charges EEOC Monetary Awards 6/7/2019 About Your Presenter LandrumHR is a full‐service PEO firm offering human resources solutions to busy business owners: • HR • Payroll Amie Remington • Benefits • Risk Management LandrumHR General Counsel • Workers’ Comp • HR Consulting & Training In addition to being General Counsel, Amie is a regular speaker at national and state‐wide events, discussing all Learn more at LandrumHR.com aspects of employment law that affect all employers. 1 Their time is up! Presented by Amie Remington, Esq. General Counsel for LandrumHR 2 1 6/7/2019 BAILOUT! 3 Oxford Dictionary’s Word of the Year ??? 4 2 6/7/2019 #MeToo COMPLICIT Adjective 1. Choosing to be involved in an illegal or questionable act, especially with others; having complicity. 5 Powerful Men Accused of Sexual Harassment Image from CNN.com 6 3 6/7/2019 This is not new Title VII prevents the consideration of sex in all employment‐ related decisions. 7 Vice Suspends 2 Top Executives Image from Viceland.com Vice has suspended two top executives after a New York Times report on sexual misconduct at the digital media company. 8 4 6/7/2019 Amie’s personal biggest disappointment of the year ??? 9 And the List Keeps Growing Marshall Faulk, Heath Evans and Ike Taylor; Mario Batali; Harvey Weinstein; Johnny Luzzini; Israel Horovitz; Garrison Keillor; Matt Lauer; Andy Rubin; David Sweeney; Nick Carter; John Lasseter; Representative John Conyers, Jr.; Jim Leine; John Hockenberry; Charlie Rose; Ryan Seacrest; Russell Simmons; Glenn Thrush; Jamis Winston; Sylvester Stallone; Ron Jeremy; Al Franken; Adam Venit; Dallas Clayton; Mark Schwahn; Tom Sizemore; Steve Jurvetson; Richard Dreyfuss; George Takei; Andrew Kreisberg; Eddie Bergnaza; Steve Lebsock; Sepp Blatter; Matthew Weiner; Louis CK; Gary Goddard; Jann Wenner; Roy Moore; Donald Trump; Andre Balazs; Dan Schoen; Steven Seagal; Jeffrey Tambor; Ed Westwick; Dustin Hoffman; Brett Ratner; Jeremy Piven; Michael Oreskes; Andy Dick; Kevin Spacey; Hamilton Fish; Stephen Collins; Ken Baker; Rick Najera; Mark Halperin; Knight Landesman; George HW Bush; Leon Wieseltier; Roman Polanski; Ethan Kath; R. Kelly; Terry Richardson; James Toback; John Besh; Lockhart Steele; Robert Scoble; Chris Savino; David Blaine; Bob Weinstein; Roy Price; Oliver Stone; Ben Affleck 10 5 6/7/2019 A Good Apology A GOOD APOLOGY HAS THREE PARTS: 1. I’M SORRY 2. IT’S MY FAULT 3. WHAT CAN I DO TO MAKE IT RIGHT? 11 Image from Variety.com 12 6 6/7/2019 116th Congress Breakdown 20% Female 80% Male Image from HuffingtonPost.com 13 2018 Supreme Court Justices Image from CNN.com 14 7 6/7/2019 National Labor Relations Board Image from NLRB.gov 15 Equal Employment Opportunity Commission Image from HRFloridaReview.org 16 8 6/7/2019 Department of Labor ‐ EEOC Religion 2000 Charges National Origin 2016 Charges Sex Race Total Charges 0 20000 40000 60000 80000 100000 17 Sex‐Based Discrimination EEOC Charges FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Receipts 12,695 12,461 12,569 12,379 12,146 12,573 12,860 18 9 6/7/2019 Sexual Harassment Only EEOC Charges FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Receipts 7,944 7,809 7,571 7,256 6,862 6,822 6,758 19 EEOC Monetary Awards FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 Monetary Benefits $41.2 $45.1 $43.0 $44.6 $35.0 $46.0 $40.7 (Millions) * This does not include monies paid as settlement by private counsel or damages awarded by a Court. 20 10 6/7/2019 It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co‐worker, or someone who is not an employee of the employer, such as a client or customer. 21 EEOC – Department of Labor 22 11 6/7/2019 EEOC – Department of Labor 23 Company Culture • Shared Values • Strategy • Structure • Systems • Style • Staff • Skills • Lies • Rumors • Back‐Stabbing • Office Politics • Spying • Revenge • Allies 24 12 6/7/2019 Tips for Proactively Preventing Harassment 1. Lead by example 2. Walk the office • Look for the obvious • Look for the subtle things, too 3. Consider a salary survey 4. Training 25 Job Descriptions Lists the objective, non‐discriminatory tasks to be done 26 13 6/7/2019 Discriminatory Job Ads Images from HuffingtonPost.com and Magazine‐Advertisements.com 27 Interview Checklist 28 14 6/7/2019 Importance of Training 29 What Should Your Policy Say? Harassment based on race, color, religion, sex (including pregnancy, sexual orientation or gender identity), national origin, disability, age (40+) or genetic information (including family medical history) is illegal and will not be tolerated. Provide definitions and examples of prohibited conduct, as needed.* Explain how employees can report harassment: – If possible, designate at least one person outsideanemployee’schain of command who can receive harassment complaints. – Consider permitting employees to report harassment to any manager. 30 15 6/7/2019 What Should Your Policy Say? State that you will protect the confidentiality of employees who report harassment or participate in a harassment investigation, to the greatest possible extent. State that employees will not be punished for reporting harassment or participating in a harassment investigation or lawsuit. Require managers and other employees with human resources responsibilities to respond appropriately to harassment or to report it to individuals who are authorized to respond. 31 What Should Your Policy Say? Provide for prompt, thorough and impartial investigation of harassment complaints. Provide for prompt and effective corrective and preventative action when necessary. Consider requiring that employees who file internal complaints be notified about the status of their complaint, the results of the investigation and any corrective and preventative action taken. Describe the consequences of violating the harassment policy. 32 16 6/7/2019 Top Take‐Aways 1. Review and update your sexual harassment policy 2. Proactively watch for inappropriate conduct 3. Ensure pay practices are fair 4. Confirm that your organization isn’t “top heavy” 5. Make sure you have the right people in the right seats 6. Require HR to take an investigations refresher course 33 Practice Kindness 34 17 6/7/2019 Thank You! LandrumHR.com 35 18.
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