The United States Equal Employment Opportunity Commission (EEOC) defines sexual harassment as the discrimination of an employee or applicant based on 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. Not only can sexual harassment in the workplace lead to lawsuits and penalties, but it can also damage workplace morale; creating an unproductive, unpleasant, and sometimes even hostile working environment. The importance of employers taking a proactive approach in establishing effective anti-harassment policies and procedures cannot be understated. This infographic download covers eight must have policy elements that should be included.
An employee was terminated because he violated the company’s code of conduct by making sexually inappropriate comments to several employees during an event. He was given on-the-spot feedback that his behavior was unprofessional and unwelcome, but he continued. During the termination meeting, he claimed that behavior was caused by a social anxiety disorder and that being around others made his disability worse. This is the first time he has raised the issue of having a disability. In this Q&A, we’ll share what options the employer has now.
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On January 23, 2023, President Biden re-nominated Jessica Looman to formally become the next Director of the Wage and Hour Division (WHD) of the Department of Labor (DOL). Ms. Looman originally was nominated for the position in August 2022 and made it out of the Senate Committee on Health, Education, Labor, and Pensions in late November 2022, but no vote was held by the full Senate prior to the expiration of the last Congressional term.
Ever heard of a “soft phone?” It allows phone calls to be received through a computer. There’s no additional hardware, other than the computer running the program, needed to accept a call. Call centers use this technology. Just one question: Should an employer pay its employees for the time it takes to boot up their computer and to shut it down? One employer found out that the answer is “yes.” Read on.
Implementing policies and procedures, educating employees and managers, promptly responding to reports of sexual harassment, and documenting the steps of the investigation will all help protect employers and reduce the risk of exposure to harassment claims. Taking such measures will also help show employees that their employer effectively addresses sexual harassment claims and takes these matters very seriously.
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Domestic violence has become a widely publicized issue in recent years because of its unfortunate impact on families, friends, and even coworkers. It is important for employers to understand their role in handling domestic violence-related issues in the workplace, so they can keep employees safe and avoid discrimination claims.
Since its enactment in 1935, the National Labor Relations Act (NLRA) has been interpreted and enforced by the National Labor Relations Board (NLRB). It isn’t any secret that the decisions interpreting the NLRA have swung back and forth as the composition of the NLRB has shifted. You may be asking why the back and forth? Well, the NLRB is a five-member Board, and the president in office at the time gets to appoint members as the terms of others expire. When the NLRB votes, the majority rules. In other words, only three of the five members must agree to issue a binding decision.
