How will your employer respond to a sexual harassment complaint? – Blog#130. June 10, 2024

How will your employer respond to a sexual harassment complaint? –

In the event that you experience an incident of sexual harassment and report the offense to company management, you hope that the matter will be resolved in an efficient manner.  Sure, there may be some questions as the company interviews affected individuals, but the conduct should be stopped.

 Organizations which have a well-defined EEO and anti-harassment policy are likely to have EEO or HR specialists or a corporate attorney to handle the complaint in a professional manner.

Smaller and mid-sized entities may not have defined policies or professionals on staff, leaving the matter to fall to the discretion of a chief executive or administrative officer. Unfortunately, more than one complainant has been told “Don’t worry, we’ll look into it and take care of the matter.”  Then a few days later, the complainant is told, “We regret to inform you that your position has been eliminated.

If the individual took the initiative to file a charge of discrimination with the EEOC or a state fair employment practice agency, the charge will be served upon the employer by the government agency.

Many firms call upon legal counsel to respond to the charge of discrimination. Customarily, Counsel writes a response to the charge providing the employer’s position statement describing the matter from the employer’s point of view usually providing a job-related basis in the event of the charging party’s discharge and customarily asserting that any alleged inappropriate conduct failed to raise to a level that constituted sexual harassment.

If the complainant only made a verbal complaint to the employer, a company reply often reports that the company has no record of any complaint by the charging party.

The EEOC’s investigation considers the information provided by the charging party and the reply from the employer. The EEOC may request interviews with other workers, supervisors, and the offender, as well as asking for records relating to the charge. In the event that there is sufficient evidence showing a frequency or severity of violative conduct to prove a violation of the law, the Commission will issue a Cause finding and then seek to conciliate a resolution.   

The Commission may seek compensatory damages, lost pay, reinstatement in the event of job loss, revisions to policies, training, and reporting.

If there is insufficient evidence to prove a violation, the charging party receives a No Cause finding and notice of the right to sue, providing an opportunity to pursue the matter in court.

So, what do you do if you are subjected to unwanted sexual harassment or discrimination?

In the event that you experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources consulted

EEOC.GOV

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Sexual Harassment from the Male Point of View – Blog#129. May 28, 2024

Sexual Harassment from the Male Point of View

As a former Human Resources consultant, I often conducted HR and EEO audits for client organizations. When I queried about the issue of sexual harassment in the workplace, male employees invariably would reply, “No, not really, I haven’t seen it here. I wish the women would harass me,” followed by a smirk and a chuckle.

Women employees would usually respond something like this: “Yes, I’ve seen (or experienced) it.  I wish it would stop.”

So today, the Drawing a Line Blog and podcast examine sexual harassment from the male point of view.

Moving beyond anecdotal replies, there have been various academic or professional studies of sexual harassment revealing that there are different perspectives about sexual harassment based on gender. I came across a study entitled “Sexual Harassment: Is it a Case of Gendered Perspective?” appearing in the International Journal of Humanities and Social Science, December 2011.     

Author Kamal Kenny, PhD, identifies that men choose to explain sexual harassment as a kind of behavior that is expected  of them as a demonstration of their masculinity so that they can identify themselves in a macho way in the presence of other men. Citing researcher A.M. Thomas, male survey respondents claimed that women enjoyed being the object of their [harassing] attention and that sexual harassment is an act of conforming to masculine identities.  

Some view the conduct as normal male behavior and women have no choice but to accept it. Further, in male-dominated workplaces, the working environment tends to be more sexualized. Men tend to view sexually-oriented workplace conduct as less upsetting, less inappropriate, and less threatening than women do. Men tend to minimize the adverse effects of sexual harassment by referring to the conduct as just harmless joking around. An example might include speaking in double entendres and describing work activities in a way that has a sexual overtone.  Some men may secretly envy male coworkers who are “getting a little on the side.”

Psychologist Suzanne Lachmann, writing in Psychology Today defines different levels of male-to-female sexual harassment. The most serious offender is the male at the top of the job hierarchy who uses his power to manipulate female underlings for his sexual impulses.  Milder forms of harassment come from males who believe they are treating subordinates fairly but are genuinely unaware of the sexual harassment effect of their actions. Others may inadvertently cross lines and make females uncomfortable.

Surveys report that women, on the other hand, view a broader spectrum of behaviors as sexual harassment than men do. Women are more likely to be offended by conduct that men refer to as teasing, looks, gestures, joking around, or unnecessary [unwanted] physical contact.

So, what do you do if you are subjected to unwanted sexual harassment or discrimination?

In the event that you experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources consulted

Levels of Male-to-Female Sexual Harassment in the Workplace | Psychology Today

Gender differences in perception of workplace sexual harassment among future professionals – PMC (nih.gov)

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New Law Provides Pregnancy Protections Blog#128. May 13, 2024

New Law Provides Pregnancy Protections

The U.S. Equal Employment Opportunity Commission recently announced that it has issued new regulations for employers to comply with the Pregnant Workers Fairness Act (PWFA). The PWFA took effect on June 27, 2023. The new regulations become effective on June 18, 2024.

The law requires covered employers to provide a “reasonable accommodation” to qualified employees or applicants with known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation would cause an undue hardship upon the employer. The regulations detail instructions and examples to aid employers in complying with the law.

The new law fills in gaps in pregnancy protections of the Pregnancy Disability Act which requires employers to treat pregnant workers the same as non-pregnant workers. Another law, the Americans with Disabilities Act defined requirements for employers to make a reasonable accommodation for individuals with disabilities which are defined as chronic conditions rather than temporary medical issues.

The law applies to private employers and public sector employers (state and local government units) that have 15 or more employees.  Also covered are Congress, federal agencies, employment agencies, and labor organizations.

Employees are encouraged to request a reasonable accommodation when issues related to pregnancy, childbirth, or related medical conditions limit their ability to work. The employer is expected to engage in an interactive process to evaluate work procedure alternatives that permit the employee to continue to work unless such accommodation would cause an undue hardship.

Examples of reasonable accommodations may include additional or more flexible breaks, changing equipment or devices used at the workstation, changing uniform or dress code, adjustments to work schedules, telework, temporary reassignments, change or suspension of certain job duties, permitting light duty work, and leave for medical appointments.

 Examples of prohibited employer conduct may include denying work opportunities, requiring leave without considering other alternatives, and punishing or retaliating against an employee for exercising rights under the law.  

What to do if you experience workplace harassment or discrimination

Consider reporting the unwanted conduct in a complaint to the employer’s management or human resources personnel. In the event you have experienced or fear the threat of retaliatory conduct, you may elect to make a complaint to the EEOC.

Sources consulted:

What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission (eeoc.gov)

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Do You Know How to Assert Your Job Rights?  Blog # 127. April 29, 2024

Do You Know How to Assert Your Job Rights?  

When state or federal law defines required or prohibited actions for employers dealing with employees, these actions define certain job rights. The Equal Employment Opportunity Commission enforces laws that prohibit employment discrimination on the basis of the following basis: age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race, color, religion, retaliation, sex, sexual harassment, sexual orientation, and gender identity.

For those of you who have followed the Drawing a Line Blog and podcast, you have heard us say that harassment and discrimination behavior at work typically continue to occur unabated until the victim “draws a line,” by complaining about the inappropriate conduct. One way to do this is to tell the harasser “NO” or “STOP.”  

Unfortunately, many harassers have a self-important conceited opinion of their entitlement to continue their conduct.  They often engage in retaliatory conduct when confronted.

Often, when a victim complains verbally within the company, the employer’s response to an enforcement agency is to state that “we have no record of any complaint in this matter.”   

You can protect your rights by asserting your rights. If you are presenting an internal complaint, you can protect your rights by making your complaint in writing and submitting it to a higher-level manager or to the human resources department. This has the effect of documenting the complaint in a format that must be responded to. 

You can assert your rights even further by presenting your complaint externally to the EEOC or to a state or municipal fair employment practice agency. These agencies will document your complaint as a signed “Charge of Discrimination” which is submitted to the employer and requires them to reply within a specified time period.

In the event that you elect to pay for and retain an attorney to represent you in this matter, the attorney will contact the employer on your behalf and present what I call “a demand letter” that cites the alleged offenses and stipulates that the matter may be settled for a specific amount of relief and damages.

Some attorneys may instruct you to submit a Charge of Discrimination and then request a “Right to Sue” letter, a prerequisite that allows the matter to be taken to court as a lawsuit (but not required under the Equal Pay Act).

The written communication of a complaint or a formal charge of discrimination documents your complaint action and provides further protection from retaliation for the exercise of your rights under the law. Even if the circumstances of the original complaint may be difficult to prove, any subsequent retaliatory action may be easier to prove.

Recognize that keeping a record of sexual harassment or discriminatory incidents citing specific dates, times, any witnesses, and describing the nature of the conduct, along with collecting any evidence showing unwanted sexual or discriminatory communications such as texts, e-mails, voice mails, or graphic images are elements that help to prove the allegations.

It is important to recognize that filing a charge of discrimination does not prevent an employer from dealing with legitimate employment shortcomings or issues that may have occurred before or after a discrimination complaint.

Sources consulted

Discrimination by Type | U.S. Equal Employment Opportunity Commission (eeoc.gov)

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6 steps to make your sexual harassment complaint stick   Blog # 126. April 15, 2024

6 steps to make your sexual harassment complaint stick  

According to EEOC published data for 2022, there were 5664 resolutions of sexual harassment charges.  The Commission obtained through administrative processes $59 million on behalf of the charging parties. Of these resolutions, 28.4% were merit resolutions, 25.9% were administrative closures, and 45.7% were No Reasonable Cause findings.

Charges may be closed for administrative reasons without a determination based on the merits, which include may lack of jurisdiction due to untimeliness, insufficient number of employees, or lack of employment relationship, or charging party requests withdrawal without receiving benefits or charging party requests the notice of right to sue.

In No Reasonable Cause Findings, EEOC determines not to proceed further with its investigation. This determination does not certify that the respondent is in compliance with the statutes EEOC enforces. In issuing this determination, the EEOC makes no decision about the merits of claims alleged in the charge or of any other issues that could be construed as having been raised by the charge. The charging party may exercise the right to bring a private court action.

When you present a sexual harassment complaint or other charge of discrimination, here are six important steps you can take to make the strongest presentation of your case:

1. Say “No” or “Stop” to the offender. While confronting the offender is not a prerequisite to filing a charge of discrimination, asking or telling the offender to stop makes it clear that the sexual or other discriminatory conduct is unwanted.

2. Keep a record of sexual harassment or discriminatory incidents citing specific dates, times, any witnesses, and describing the nature of the conduct.

3. Collect any evidence showing unwanted sexual or discriminatory communications such as texts, e-mails, voice mails, or graphic images.

4. If possible, identify any other current or prior victims who have experienced similar unwanted sexual advances or discrimination by the offender.

 5. Collect any evidence of retaliatory conduct or other adverse job actions subsequent to your resistance or refusal to participate in unwanted sexual entreaties or discriminatory actions.

6. Consider reporting the unwanted conduct in a complaint to the employer’s management or human resources personnel. In the event you have experienced harassment or employment discrimination, you may elect to make a complaint with an attorney, to the EEOC, or the local state Fair Employment Practice Agency (FEPA) to file an employment discrimination charge.

Sources consulted:

Charges Alleging Sex-Based Harassment (Charges filed with EEOC) FY 2010 – FY 2022 | U.S. Equal Employment Opportunity Commission

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What are your options when you experience sexual harassment? Blog topic #125 – 4-2-2024

What are your options when you experience sexual harassment? 

As many as 85% of women have experienced sexual harassment in the workplace according to the Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the Workplace.

The Drawing a Line blog offers insights to help individuals encountering workplace harassment. If or when it happens to you, it is important to know your options. For individuals who have experienced sexual harassment, it is important to know that you have various alternatives for responding. 

We’ve identified nine options to help you to cope with this issue. How one reacts to a situation depends on many factors, such as who the offender is, his/her job level or reporting relationship with the victim, the nature and frequency of the harassment, and the stakes or personal costs of making an issue about this inappropriate conduct.

Consider your options

  1. Ignore the propositions. This is often an individual’s first reaction to unwanted sexual comments or conduct. However, the conduct typically continues and escalates until getting a reaction from the victim. At some point, you are compelled to respond. Otherwise, stress or anxiety may lead you to take a medical leave of absence.
  2. Participate in the joking and jousting. Some individuals seek to blend with the workgroup by participating in the joking behavior by laughing at or joining the sexual talk or joking that may occur in the workplace.  Again, such conduct usually escalates until crossing a line and getting a reaction from the victim.   
  3. Seek transfer to another job away from the offender. Usually intended as a silent escape, the victim’s transfer request may not identify the sexual harassment conduct or individual that prompts the request.
  4. Resign and seek alternative employment elsewhere without identifying the sexual harassment conduct that prompts your resignation. Many opt for this alternative by finding another career opportunity without enduring possible retaliation associated with a sexual harassment complaint.
  5. Broadcast or complain about the harassment on social media. An individual’s complaint on social media in late 2017 led to the #MeToo movement where posts went viral. You may recall that thousands of women joined in posting their stories of sexual abuse and harassment leading to resignations and discharges of media personalities and business leaders who had engaged in predatorial behavior for years.
  6. Join with others to confront the offender or to present a group complaint or lawsuit. Many sexual harassers repeatedly engage in predatory behavior. Find out what happened to your predecessor or other former employees who left because of the offender. There is strength in numbers when presenting a convincing message to overcome any denials by the employer or offender(s). 
  7. Confront the offender with an aggressive response by identifying the inappropriate conduct and firmly stating your refusal to submit to inappropriate sexual proposals and asserting that the conduct should stop.
  8. Report the conduct internally to a higher manager or human resources representative or externally to the Equal Employment Opportunity Commission or state or local fair employment practice agency (FEPA). Such a report puts the employer on notice that inappropriate sexual harassment is occurring in the workplace.  Collect and provide details or evidence of the incident(s) to prove that inappropriate conduct has occurred. In incidents of physical sexual harassment or sexual assault, report the conduct to the police.  
  9. You may elect to Consent to the entreaties. But do so only if the conduct is welcomed and the circumstances and/or individuals are not coercive. In the event that you consent to and willingly engage in sexual conduct with a co-worker, such willing participation is not deemed to be sexual harassment. Please recognize that un-willing consent to sexual conduct out of fear for your safety and/or where the victim has stated “no” or “stop” but is overpowered by forceable sex would likely fit the definition of sexual assault which should be reported to the police.

Drawing a line 

As you can see, there are a variety of alternatives when encountering sexual conduct in the workplace. When the conduct is pervasive or severe and unwanted, it becomes sexual harassment. At some point, it is necessary to draw a line.

Telling the offender to stop is often the first step. Readers are invited to consider the issues and alternatives identified here in light of your circumstances in order to fare well in the working environment. 

If you are unable to resolve the matter at work or fear retaliation, you are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a sexual harassment complaint.

Sources Consulted

Drawing a Line Blog topic #81  – 6-27-2022

Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the Workplace.

$2 Million Sex Harassment Settlement Is Just the Beginning  – Blog topic # 124. 3/18/2024.

$2 Million Sex Harassment Settlement Is Just the Beginning  

The Reuters news service headline read: “Raisin company pays $2 mln to settle EEOC claims over farmworker harassment.” 

But, this is just the beginning of the story.

When the Equal Employment Opportunity Commission (EEOC) reaches a finding of employment discrimination such as sexual harassment; the Commission seeks to conciliate or litigate financial relief on behalf of the charging party. In addition, the EEOC also seeks relief on behalf of other affected employees.

According to the lawsuit, California-based National Raisin managers and employees subjected female agricultural workers to unwanted groping, sexual comments, requests for sexual favors, and threats of retaliation for declining these advances. The employer’s response was to retaliate against the complaining victims rather than take corrective action to control or prevent the misconduct.

There was sufficient evidence to prove violations of the law, ultimately leading the company to agree to a settlement of the lawsuit by providing $2,000,000 in relief for victims and class members.

But there is more than just monetary relief. The EEOC seeks injunctive or non-monetary relief to prevent the recurrence of the conduct that prompted an employee’s discrimination complaint.

The employer was required to revise its employment practices and to update policies in order to prevent sexual harassment in the future. The employer further was required to conduct training for employees and management, implement reporting mechanisms, and engage a third-party monitor to ensure the corrective measures will be implemented. Over a multi-year period, the employer is required to report its progress to the EEOC.

So, what do you do if you are subjected to unwanted sexual harassment or discrimination?

In the event that you experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources consulted

Raisin company pays $2 mln to settle EEOC claims over farmworker harassment | Reuters

Sunshine Raisin / National Raisin to Pay $2 Million in EEOC Sexual Harassment Lawsuit | U.S. Equal Employment Opportunity Commission

The Supreme Court considers hostile environment as an actionable basis for a finding of sexual harassment under Title VII. Blog topic # 122. 2/19/2024.

The Supreme Court considers hostile environment as an actionable basis for a finding of sexual harassment under Title VII

The U.S. Supreme Court has considered a number of cases relating to sexual harassment. In a precedent-setting case dealing with this important issue before the Court in 1986, Justice Rehnquist delivered the opinion of the Court. Highlights are summarized below.

A female employee named Mechelle was hired as a teller trainee by bank vice president Sidney Taylor. During her four-year tenure with the bank, she received promotions to teller, head teller, and ultimately assistant branch manager. After taking sick leave, the bank fired her for excessive use of the leave. Mechelle filed a sexual harassment lawsuit (under Title VII of the Civil Rights Act of 1964) alleging sex discrimination against the bank and its vice president & supervisor Taylor.

In her suit, Michelle presented the following allegations. After completing the training period, Sidney invited her out for dinner and during the meal suggested that they go to a motel for sex. She declined, but over time after subsequent persistent requests, she relented out of fear for her job. Thereafter, Sidney made repeated demands for sexual favors at the branch, during and after hours, ultimately resulting in sexual intercourse some forty or more times. His conduct became more brazen, fondling her in front of employees, following her to the restroom, exposing himself and even forcibly raping her on several occasions. She also alleged that Sidney fondled others.

In testimony before the U.S. District Court considering the case, Sidney denied all of Michelle’s allegations. In its defense, the bank denied Michelle’s allegations and asserted that it was not aware of any sexual harassment and that Michelle did not report the conduct to the bank. The District Court found on behalf of the employer asserting that any sexual conduct was voluntary.

Mechelle appealed and the Appeals Court determined that a violation of the law may occur when harassment involves conditioning employment benefits on sexual favors, or when the conduct creates a hostile or offensive working environment, as outlined in the EEOC regulation on sexual harassment. The Appellate Court reversed the decision and remanded the matter back to the District Court.

The bank appealed the case to the Supreme Court. The high court accepted the case and determined that Title VII is not limited to “economic” or “tangible” discrimination, but that the law was intended “to strike at the entire spectrum of disparate treatment of men and women.” The Court found that the EEOC guidelines support the view that harassment leading to noneconomic injury can violate Title VII.  The Court stated that unwelcome sexual advances, whether or not directly linked to grant or denial of economic quid pro quo, where such conduct has the effect of unreasonably interfering with an individual’s work or creating an intimidating, hostile, or offensive working environment are actions that can support such a claim.

Key points to take home from this case include the following:

  • For sexual harassment to be actionable (in a lawsuit) the conduct must be sufficiently severe or pervasive “to alter the conditions of the victim’s employment and create an abusive environment.”
  • The gravamen of any sexual harassment claim is that the alleged sexual advances were unwelcome.
  • A sexual harassment claim must be evaluated in light of the record as a whole, the totality of circumstances of the sexual advances, and the context in which the alleged incidents occurred.

In a concurring opinion, Justice Marshall added that sexual harassment actions by a supervisor towards a subordinate, leading to a discriminatory work environment, should be imputed to the employer regardless of whether the employee gave “notice” of the offense.

Sources consulted:

U.S. Reports: Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).

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Leading Cases Draw Attention to Sexual Harassment – Blog #121 – 2/5/2024

Leading Cases Draw Attention to Sexual Harassment – Blog #121 – 2/5/2024

In late December and early January 2024, the Drawing a Line Blog and podcast asked readers and listeners to report on sexual joking or teasing in the workplace. Replies suggest that many employees feel that sexual harassment remains a problem at work.

Looking back into the past sometimes helps to give a perspective on how to deal with the problems occurring in today’s workplace. We came across an article in Legalzoom.com entitled “Five Biggest Sexual Harassment Cases” written by Michelle Kaminsky, Esq.

Ms Kaminsky opines that progress has been made in part because of some leading cases that have made the headlines over the years by putting sexual harassment on the map.  For example, Kaminsky identifies the 1991 Senate hearings relating to the confirmation of Justice Clarence Thomas for appointment to the U.S. Supreme Court, where law professor and former colleague of Thomas named Anita Hill reported incidents of sexual harassment by Thomas while they worked together for a federal government agency. The allegations were not part of a lawsuit and were neither proved nor disproved; but the televised hearings served to educate the public about the insidious nature of workplace sexual harassment.

 In another notable case, Mitsubishi Motors Manufacturing was sued by the Equal Employment Opportunity Commission for subjecting a class of women at its Normal, IL plant to a hostile work environment rife with numerous incidents of verbal and physical sexual harassment and retaliation for declining sexual advances. Ultimately, the company agreed to pay $34 million to 400 of the affected female employees.

More recently, the #MeToo movement erupted like a volcano resulting in over 19 million instances where the hashtag symbol #MeToo was repeated in Twitter in the year following the first such tweet in October 2017 by actress Alyssa Milano according to a story appearing in axios.com.

Subsequent to the #MeToo emergence, there was a flurry of announcements relating to the resignation or discharge of offenders by employers revealing a virtual who’s who of executives in media, entertainment, industry, government, and other sectors.  Corresponding to the #Metoo movement, there were a variety of allegations raised against Media mogul Harvey Weinstein, who ultimately was found guilty of rape and sentenced to prison.

A few cases related to sexual harassment have reached the U.S. Supreme Court. The top court has weighed in certain issues in key holdings on Meritor Savings Bank v. Vinson, Harris v Forklift System, Faragher v City of Boca Raton, Burlington Industries v Ellerth, Oncale v. Sundowner Offshore Services, McDonnell Douglas Corp. v Green, and Bostock v Clayton County. Highlights of these cases have been covered in prior Drawing a Line blogs.  

But, what do you do when it happens to you?

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources consulted

Five biggest sexual harassment cases | Legalzoom

Has #MeToo changed management behavior towards sexual harassment?  Blog topic #33.   7-14-2020.

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Sexual Joking Survey Prompts Intense Replies [Survey Results- Part II] Blog #120 – 1/23/2024

Sexual Joking Survey Prompts Intense Replies [Survey Results- Part II]

On December 18, 2023, through January 5, 2024, we surveyed Drawing a Line readers seeking their perspective relating to sexual joking or teasing on the job. In addition to the Drawing a Line blog posting, the survey was publicized by boosted posts on Facebook, resulting in responses including reactions, survey replies, and comments.  

Many respondents replied with written comments in addition to / or in lieu of logging replies to the survey questions. In Part II survey results, we examine the nature of those replies.

Male and female respondents offered written comments. Comments ranged in intensity from constructive suggestions to snarky rants reflecting misogynic gender bias.  A categorization appears below:

86% of comments were from males, and 14% of comments were from females.

Of the male comments, 25% could be characterized as constructive observations or suggestions.  61% of comments could be characterized as snarky rants with some reflecting misogyny and gender bias.  

Of the female comments, 9% could be characterized as constructive observations or suggestions. As is typical in social media postings and reactions, there were female replies to male rants, reflecting 4% of replies.

Selected constructive male observations are shown below:

“The problem is, the same actions by one individual are considered bad while [from] another it is considered OK. Best thing to do is just avoid any interaction with women that is anything but purely professional.”  (Richard)

“No means no. Thus no more teasing or joking about anything sexually related.” (William)

“How about just don’t cross the line. And be respectful. Simple as that.” (Yuri)

“The first time it’s a joke, the second time it’s harassment.” (Don)

[As a male] “working in a female-dominated world, sexual joking was commonplace. Harassment was, and still is in the eye of the beholder. What is joking to her may be harassment to me.” (Mike)

“A female co-worker explained it to me this way: ‘[guy] behind me pats me on the fanny, I turn and look at him, if he’s cute, no problem; if he’s not, I’ll tell him not to do that again. If he does, that’s sexual harassment.’” (David)

Selected constructive female observations are shown below:

[Sexual joking becomes harassment] “When you allow it the first time.” (Angel)

“Thank you to all the men laugh reacting. It’s so nice when predators out themselves so women know who to avoid. Hold those men accountable for their actions. When you witness it and say nothing, you imply that you are in agreement with them.” (Sunny)

[Sexual joking becomes harassment] “When the listener feels uncomfortable and the speaker feels empowered.” (Frances)

“If you’re classless enough to hit on a woman at her job, that’s harassment.” (Theresa)

What should you do when coworker or management conduct crosses the line?

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Author’s note: This survey was conducted online inviting readers to reply. Data findings are not deemed to be statistically significant but are provided to aid the reader in understanding this topic  

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When Does Sexual Joking or Teasing Become Sexual Harassment? [Survey Results] Blog #119 – 1/8/2024

When Does Sexual Joking or Teasing Become Sexual Harassment? [Survey Results]

On December 18, 2023, through January 5, 2024, we surveyed Drawing a Line readers seeking their perspective relating to sexual joking or teasing on the job. In addition to the Drawing a Line blog posting, the survey was publicized by boosted posts on Facebook, resulting in responses including reactions, survey replies, and comments.   

Here is a first-glance summary of the survey findings:  

All survey respondents identified as male. The respondents were equally spread among the management/supervision, salaried employees, and hourly employees.

Let’s take a look at a breakout of the replies to the survey questions:

Two-thirds (67%) of respondents acknowledged engaging in sexual joking or teasing of co-workers.

A greater proportion of respondents, 83% did admit that sexual joking or teasing conduct could be considered as sexual harassment.

25% of respondents admitted that such conduct occurred on a daily basis. None identified a weekly frequency but 25% said that it occurred monthly.  A larger number, 50% said that sexual joking or teasing occurred over other less frequent time periods.  

All of the respondents (100%) said that the recipient did not ask them to stop.

Below, we have reported the breakout of the survey questions and responses:

  1. Have you engaged in sexual joking or teasing with coworkers of the opposite sex in the workplace?   Yes –  67%    No  – 33%
  2. Do you consider this conduct to be sexual harassment?   Yes – 83%   No – 17%
  3. What was the frequency of the joking/teasing?

Daily – 25%         Monthly –  25%         Other  –  50%

  • Did the recipient ask or tell you to stop?      Yes  –  0%     No – 100%
  • What is your position? 

Management-Supervision   33%

Salaried employee                33%

Hourly employee                  33%

  • What is your sex?     Male  –  100%

When coworker or management conduct crosses the line

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Stay tuned for our next blog; we’ll identify participant comments.

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When Does Sexual Joking or Teasing Become Sexual Harassment? A survey: Blog #118 – 12/18/2023

Please complete the survey by checking response that reflects your feelings on each question; then click on Finish Survey to enter your responses. A subsequent blog will publicize results. Thank you for your interest.

When Does Sexual Tension at Work Become Sexual Harassment?  – Blog # 117 – 12/4/2023

When Does Sexual Tension at Work Become Sexual Harassment?  

Many people have experienced a workplace interaction with a coworker that might be characterized as sexual tension. It is fairly common for some workers to make jokes about having a workplace wife or husband.

According to one recent study conducted by HR consultants, The Shift Work Shop, reported in HR Dive, 64 percent of surveyed workers reported having a close friend or “work spouse.”  

Dr. Carol Morgan, professor of communications at Wright State University describes the close emotional relationship that can develop between individuals who work closely together. Morgan states that it is just natural to have a growing attraction to a certain coworker especially when they see each other all the time at work. The attraction can grow into sexual tension.

Sexual tension can emerge when you instantly have a special vibe with another; you may feel that the coworker is attractive, and the special sparks fly when there is an interaction. You just feel it, and the other person feels it. There is a desire to spend more time with that person, initially for job-related purposes, that seems to grow into excuses to spend more time together such as breaks, and lunches, and eventually leading to after-work interactions. Conversations, e-mails, and texting become flirty and suggestive.

 What should you do about sexual tension? 

Receiving interest and attention from a coworker can be exciting, giving you a special rush during these interactions that feel fun and harmless. But, consider whether this is a one-way or a two-way emotional relationship. Is this appropriate for a professional peer or superior/subordinate relationship?   

As this relationship grows in intensity, it can cross a line from friendship into intimacy.  The HR Dive report cited that as many as 77 percent of surveyed workers acknowledge having an intimate relationship with a coworker.  If either party is married, the appropriateness of the conduct becomes questionable even if it is consensual.

If the conduct ultimately crosses that line and becomes unwanted by one party, the conduct may move into the realm of sexual harassment. 

When coworker or management conduct crosses the line

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  

Sexual Tension at Work: 36 Lusty Signs of Flirty Coworkers You Can’t Hide (lovepanky.com)

Study: 77% of workers have had an intimate workplace relationship | HR Dive

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[100% author written with sources cited and software grammar-spell check: WSH] 

Six ways to protect yourself from sexual harassment at the company holiday party  – Blog # 116 – 11/21/2023

Six ways to protect yourself from sexual harassment at the company holiday party 

This is the time of the year when many employers arrange a holiday party as a way to reward employees for a successful year. Often, these events are intended to be a festive celebration away from the workplace and alcoholic beverages are served. Unfortunately, the holiday party sometimes results in misbehavior that can lead to incidents of sexual harassment.

Lorraine Jennings writing in the Media Leader reports that just under half (49%) of people surveyed expressed a concern that the company holiday party can result in a resurfacing of sexual harassment. 

Sydney Gold, a Pennsylvania based attorney reports that when alcohol is served at social events, peoples’ inhibitions relax and can contribute to behavior that may be inappropriate. Conduct may include unwelcome touching, offensive comments about a worker’s appearance, or gifts of a sexual nature. After several drinks, some individuals may become emboldened into proposing sexual entreaties implying workplace benefits in return for sexual favors.

Here are six suggestions for protecting yourself offered by the Australian organization Health Direct:  

+ Know your limits and pace your consumption of alcohol to avoid becoming a sloppy drunk. One way is to count your drinks.

+ Consume food prior to or while drinking. Intoxication occurs more quickly when you drink on an empty stomach.

+  Mix your drink intake to include alcohol free beverages. This will dilute your alcohol intake and slow your alcohol consumption.

+ Avoid participating in drinking games and shots.  Don’t try to keep up with known heavy drinkers who have built a high tolerance for consuming large quantities of alcohol.

+ Just say “No” if you are underage, pregnant, breastfeeding, taking medications that might interact with alcohol consumption, or if you just don’t want to drink.

+ Strongly say “No” or “Stop” if you are subjected to sexually aggressive behavior.

Responsible employers recognize that there can be liabilities from employee misconduct and alcohol use or abuse associated with company sponsored events. Ideally, the employer should define a policy for such events. When  announcing the party, the employer should remind employees to be respectful and exercise restraint when attending an event where alcohol is served. 

When management conduct crosses the line

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  

How to keep your staff safe from sexual harassment during the party season – The Media Leader (the-media-leader.com)

Preventing Sexual Harassment at the Office Holiday Party – HG.org

Top 7 tips for safe drinking | healthdirect

Photo by Pexels    

[100% author written with sources cited and software grammar-spell check: WSH] 

Can Performance Management Help Curtail Sexual Harassment?  – Blog # 115 – 11/07/2023

Can Performance Management Help Curtail Sexual Harassment? 

Sixty-three percent of employers use annual performance discussions in their performance management process according to data analyst True List.  My preliminary research failed to find data on how many firms use their performance management process to help curtail sexual harassment.

In the public domain, I did encounter a U.S. Agency for International Development (USAID), manual of policies and procedures that included a section entitled Chapter 113 Preventing and Addressing Sexual Misconduct. The policy stated that the agency’s performance management system must foster a workplace free of sexual misconduct. The section stated that non-discriminatory elements of performance management standards apply when Foreign Service employees are evaluated and required that supervisors must consider these elements when developing performance plans and when evaluating employees.   

The inclusion of performance management standards relating to prevention of harassment has also been identified in guidelines issued by the U.S. Equal Employment Opportunity Commission (EEOC).  These guidelines are found in the EEOC’s Enforcement Guidance: Vicarious Liability for Unlawful Harassment by Supervisors.

These guidelines were developed pursuant to the U.S. Supreme Court’s decisions in Burlington Industries v. Ellerth and Faragher v. City of Boca Raton in 1998, where the Court made clear that employers are subject to vicarious liability for unlawful harassment by supervisors.

In its guideline, the EEOC encouraged employers to keep track of supervisors’ and managers’ conduct to make sure that they carry out their responsibilities under the organization’s anti-harassment program.  For example, an employer could include such compliance in formal evaluations.  

The EEOC also identified that expungement of negative evaluation(s) in an employee’s personnel file would be an example of corrective action taken to right wrongs that occurred where evidence has turned up retaliatory conduct taken by a harassment offender against an employee who rebuffed advances. (Note: Only brief excerpts are highlighted here; employers are encouraged to obtain professional advice when defining employment policies related to these matters.)

 When management conduct crosses the line

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  

15 Performance Management Statistics to Know in 2023 | TrueList

ADS Chapter 113 – Preventing and Addressing Sexual Misconduct (usaid.gov)

Enforcement Guidance: Vicarious Liability for Unlawful Harassment by Supervisors | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Photo by Pexels    

[100% author written with sources cited and software grammar-spell check: WSH] 

When Do Compliments Become Sexual Harassment?  – Blog # 114 – 10/23/2023

When Do Compliments Become Sexual Harassment?    

“What does this mean? Can’t a guy give a girl a compliment anymore?”

I’ve given numerous sexual harassment training sessions over the years, and this is often the first question posed by a male participant when we get to the Q & A phase of the presentation. The bruised ego tone of the questioner clearly conveys a challenge to the content of the employer’s sexual harassment policy and training.

“Let me give some examples to show how compliments can cross the line into sexual harassment,” I reply while thinking that this individual’s conduct is likely the reason that the company is paying for this training.

A compliment is defined as an expression of esteem, respect, or admiration. In a work environment, a compliment is often given in recognition of one’s professional results achieved.

A single comment that “You look good today” would not rise to a level considered to be harassment.

What begins to cross the line is the motivation and tone of the message. “You look hot,” could be a factual observation on a hot summer day; while the remark “you look HOT!” followed with a hungry once-over look that focuses on one’s breasts or buttocks or legs turns into a sexually suggestive statement.

Compliments that carry a sexual hint or remark along with “come-on” looks or gestures focusing on the individual’s body can make the recipient feel offended, humiliated, or intimidated. The complementor’s body language changes the meaning. Repeated instances of such remarks can change the frequency and severity of the conduct to rise to the level of sexual harassment.

Comments on this topic excerpted from the information-sharing website Quora give a perspective from givers and receivers: Bruce suggests that the office isn’t a good place for appearance-related compliments. Social events and dates are more suitable.

Joe says he feels that compliments are a good ice-breaker and that he begins his comment with “Please don’t take this like a come-on or harassment, but you look absolutely awesome.” Joe admits he is “a fun-loving guy who is a cheerful hugger…good at determining the type of hug I can exchange with anyone.”

Wynona observes that harassment is a pattern of unwanted attention, so she would not consider a single comment to be harassment. Wynona acknowledges that she has been sexually harassed in many situations and emphasizes that she can sense an ulterior motive if the man wants something more.

Leora Tanenbaum, an editor for Catalyst, a non-profit organization that provides resources for workplaces that work for women, describes one woman’s experience in dealing with so-called compliments. She says that male customers tend to greet and “compliment” the victim in isolated parts of the store and then invade personal space and make inappropriate personal remarks.  Online experiences often include queries “Are you pretty?” and then become hostile if their entreaties are declined.

According to an article in HR Magazine (UK), a supermarket worker in the UK won a £50,000 settlement for a sexual harassment claim after her manager made a slew of inappropriate comments which she was told to “take as a compliment.”

When management conduct crosses the line

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  

The Difference Between a Compliment and Sexual Harassment? | Sentrient Blog

Is it considered sexual harassment for me to tell a woman she looks nice? – Quora

HR Magazine – Lidl worker wins £50,000 in sexual harassment tribunal after boss banter

Photo by Pexels    

[100% author written with sources cited and software grammar-spell check: WSH] 

Are You Enabling Sexual Harassment at Your Job?  – Blog # 113 – 10/9/2023

Are You Enabling Sexual Harassment at Your Job? 

Harvey Weinstein, Matt Lauer, Les Moonves, and others are among the list of sexual harassment offenders highlighted during the peak of the #MeToo movement a few years ago.  The movement revealed the fact that many of these individuals had been preying on women for years.

The reason that the conduct of offenders was tolerated for years is attributed to an organizational support system. Researcher and professor Dr. Minette Drumwright asserts that where sexual harassment persists over time, it is because there is a network of complicity.

So, have you observed sexual harassment at your workplace? Have you remained silent about this conduct? To the predator, silence is consent. Your silence enables the offender to continue preying on co-workers.  And, sooner or later, you may find yourself as the target.

As we have reported, sexual harassment is about power.  And, Drumwright reports that typical serial harassers tend to be network builders and power brokers who use their power to silence peers and subordinates enabling their conduct to continue unabated.

A common example of enabling might be: “Don’t mind the sexual joking by Harry. He’s harmless.”

Active enablers are individuals such as peers or assistants to the harasser who protect the harasser by making excuses, or shielding him from criticism, or even sabotaging victims who have complained.

You’re probably thinking “I don’t have to deal with Harry, so that’s not my problem. I’ll just avoid him.”  This makes you a passive enabler.

Passive enablers are those individuals, possibly even yourself, who tend to turn a blind eye to the harassment of others by making light of it or rationalizing predatory conduct. Either way, your conduct becomes part of the network of complicity that permits predation to affect multiple victims and occur over a multi-year period.

We recognize the natural tendency to avoid discomfort and the fear of retaliation if you report observed harassment. But this enabling behavior allows the toxic work environment to perpetuate taking its toll on worker productivity and mental health.

Even if you are not the direct victim, sooner or later, it becomes necessary to draw a line and take some sort of action before the toxicity of the “open secret” consumes you.  Many employers have added a “bystander behavior” component to their sexual harassment training.

When management conduct crosses the line

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  

Enablers allow sexual harassment to persist, experts say (democratandchronicle.com)

Sexual Harassment, Networks of Complicity, and Newsrooms – Ethics Unwrapped (utexas.edu)

Photo by Pexels      

Strategies for Confronting Your Boss – Blog # 112 – 9/27/2023

Strategies for Confronting Your Boss

In our ongoing effort to identify ideas to assist individuals who are subjected to sexual harassment, we came across several articles dealing with managing your boss. In these articles, social scientists and consultants offer insights on how to manage your boss. Some suggest that there are ways to confront your boss and not get fired.

Executive Coach and psychologist Marilyn Puder York, Ph.D. offered ideas published through the American Psychological Association suggesting that managing your difficult boss is a challenge, but often it is feasible. For example, if your boss generally behaves fairly reasonably, there is a good chance that the behavior may be modified.

In such cases, York encourages you to find a way to discuss your concerns with the boss in a non-adversarial way.  The key is to focus on objective data to identify the problem and propose solutions.

Peter Guagenti, a marketing officer in the high-tech business arena, writing in Inc.com offers solutions for individuals on how to tell their boss that he or she is wrong in the right way. One starting point is to begin by asking questions. This helps you to perceive the issues and gives a better perspective for identifying problems and possible solutions.

The use of “I” statements such as “I feel that…” or “I understand that…” gives you an opportunity to identify your perspective without confronting your superior.   Ground your discussion by focusing on shared objectives while seeking alternative ways to reach the desired goal.

Focus on the positives while recognizing the negatives in identifying alternatives to achieve a constructive resolution. Then you are able to offer well-thought-out possible solutions to the problem.

York points out that a boss who is harsh in criticism may be reacting to job stress. But recognize that criticism that uses gender or ethnic slurs crosses the line. In the event that the behavior of the boss is chronically hostile or abusive behavior, such as with sexually harassing conduct, interactive discussion of behavior issues is not likely to change.

When management conduct crosses the line

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  

Managing your boss (apa.org)

5 Tips to Confront Your Boss and Not Get Fired | Inc.com

Photo by Pexels      

Seven Tips for Building Personal Power to Stop Sexual Harassment – Blog # 111 – 9/11/2023

Seven Tips for Building Personal Power to Stop Sexual Harassment

Much of the literature about sexual harassment describes how the unwanted conduct is more about power than sexual interest. Harassers use their power over subordinates to demand sexual favors by threatening discharge or other job penalties for failure to comply.

Some career strategists suggest that steps taken to build one’s personal power at work can help to stop sexual harassment. Consider these seven tips:

  1. Recognize that there are different kinds of power. There can be power of position, relationship power, and expertise power. The manner in which you perform your job tasks can build your power in each of these areas. Your job performance and willingness to assume added responsibilities can result in a job promotion which has power of position.
  2. Most jobs involve interaction with fellow co-workers, customers, or the public. Your efficient job performance and professional communication with others can contribute to building a relationship power within the organization.  
  3. Many workers do just the bare minimum to get by. If you are able to visualize the role of your job within the big picture of the organization and learn all of the ins and outs, solving problems and working efficiently, you will gain respect and power as an expert in your field.  
  4. If you see something, say something. Silence when observing sexual harassment gives quiet consent. Rather than shrink to avoid inappropriate conduct, a response that draws a line by saying “NO,” or confronting the sexual harassment offender will make them think twice the next time.
  5. Enlist the support of men.  Note which men appear uncomfortable when the harasser offends and seek to encourage them to speak out in reply to the next incident.  There is strength in numbers.
  6. Know your company’s anti-harassment policies and your job rights under state and federal law. Your efforts to prevent discrimination or harassment in the workplace are protected under anti-bias laws.
  7. Document sexual harassment incidents by keeping a file of events relating to harassment or discrimination.  Information is power, helping to corroborate events in the event of “she-said” allegations and “he-said” denials.

According to researchers-authors McLaughlin, Uggen, and Blackstone, for women who become bosses themselves, their positions create a paradox of power in a gender system that continues to subordinate women. In taking on positions of authority, they also take on a greater risk of sexual harassment. The study findings were reported in the American Sociological Review.

Recognize your rights

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  

How to build power at work (fastcompany.com)

4 Ways to Gain Power and Influence to Lead Change (hbs.edu)

SEXUAL HARASSMENT, WORKPLACE AUTHORITY, AND THE PARADOX OF POWER – PMC (nih.gov)

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Do You Pass the Sexual Harassee Test? – Blog # 110 – 8/28/2023

Do You Pass the Sexual Harassee Test?

After many years in the workforce, I have had occasion to observe sexual harassers in action. The harassers typically have some level of tenure and authority over a workgroup, activity, or significant function in the workplace. This gives them power over others.

These individuals have a penchant for seeking extra fringe benefits; they exercise that power to obtain sexual favors from select victims.   The harasser is predatory in nature and selects his or her harassee victim.

Initial contacts are friendly and welcoming, designed to get the victim to let down their guard.  But, very quickly, the harasser tests the water with innocent inquiries. The initial probes will seem innocent enough, such as a personal inquiry about weekend activities or interests. Typically, the respondee willingly replies; after all, the query is not something inappropriate.

The verbal foreplay then quickly escalates to the next level, with double–entendre remarks or a dirty joke, or some kind of harmless sexual remark. The harasser is watching, gauging your reaction.

You may be inclined to go along with the joking just to fit into the workgroup or you may just ignore the raunchy remark. But the harassee’s neutral response serves as a green light for the harasser to proceed to the next level.  

The sexual remarks now become more tawdry, and more explicit, talking or joking about others’ sexual behavior, all the while gauging your reaction. There may be an accidental bump or touch. You try to stick to business, but you still haven’t said “NO.”

You may try to avoid this obnoxious perverted personality, but in the workplace, there is likely required interaction between your job duties and the offender. You begin to worry, fearing the next encounter. You don’t want to make trouble; you just want to do your job. Is this harassment?

Sooner or later, the offender progresses up to propositions for sexual favors, often punctuating the remarks with inappropriate touches. There may be hints or explicit demands for sex, backed up with threats of job penalty or other consequences for not going along. Now, it is clear that these actions have crossed the line.

But, have you drawn a line? Have you said “NO?”  Have you said, “Stop?”

Recognize your rights

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. Some engage in quiet or literal quitting, while others choose to confront the offender or report the conduct to the employer or the EEOC, or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:  7 Signs that you work with a serial sexual harasser. Blog #93. Drawing a Line Blog. link: drawingaline175408723.wordpress.com.

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When Sexual Harassment Hits the Bottom Line – Blog # 109 – 8/14/2023

When Sexual Harassment Hits the Bottom Line

Over the years, we’ve reported on various studies that have examined conduct associated with unbridled sexual harassment. No doubt, you’ve all seen it, heard it, and unfortunately many of you have experienced it. Management, it seems, tends to look the other way until the sexual joking around threatens or actually becomes litigation.

Then, the frequent management practice is to seek a settlement to make the victim go away quietly. It’s only a few thousand here and there; it’s just the cost of doing business.

Some researchers have taken a longer term look at the cost of sexual harassment, even measuring how such conduct affects the bottom line.  Their findings were addressed in the Journal of Business Ethics in an article entitled “How Much  Does Workplace Sexual Harassment Hurt Firm Value?”

The study examined the long term effect of operating a firm with a toxic sexually oriented environment. The study examined records over a multi-year period and scored firms based on high sexual harassment (SH) characteristics. The study concluded that such companies experienced a decline in operating profitability and an increase in labor costs. Firms with high SH measures underperformed those low SH cultured firms by about 17%.

The companies with high SH measures tended to have poor control systems and bad governance which contributed to lower employee productivity, increased absenteeism, and increased sick leave costs. Such costs greatly exceeded the trifle of payouts awarded to victim-complainers to quietly go away.

While C Suite managers pay attention to the bottom line, who among them has the gumption to connect the dots and really draw a line?

Recognize your rights

In the event that you observe or experience unwanted sexual conduct or adverse discriminatory actions due to the various protected class bases, consider your options. Some engage in quiet or literal quitting, while others choose to confront the offender or report the conduct to the employer or the EEOC or retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:

Workplace sexual harassment has a cost—to the company, to employees, and even to shareholders – Cooley PubCo

Au, Shiu-Yik and Dong, Ming and Tremblay, Andreanne, How Much Does Workplace Sexual Harassment Hurt Firm Value? (January 25, 2022). Journal of Business Ethics, Available at SSRN: https://ssrn.com/abstract=3437444 or http://dx.doi.org/10.2139/ssrn.3437444

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Understand Your Rights Under New Pregnancy Law – Blog # 108 – 7/31/2023

Understand Your Rights Under New Pregnancy Law

Eight out of ten women employees are likely to work through the final month of pregnancy according to a recently released information graphic from the U.S Equal Employment Opportunity Commission (EEOC). The graphic provides information relating to the Pregnant Workers Fairness Act (PWFA), a new law on the enforcement plate of the EEOC.

Men, you are encouraged to pay attention too, because your actions or misbehavior on the job (such as harassment, discrimination, or retaliation) may create a costly liability for the employer.

The PWFA went into effect on June 27, 2023. The new law requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.”

Reasonable accommodation may include changes to work procedures or environment in order to allow the pregnant worker to continue performing job tasks. Examples may include allowing the pregnant employee to sit or drink water, allowing modified or flexible hours, permitting added time periods for breaks or restroom use, limiting strenuous activities, wearing of appropriate sized garments, or avoiding exposure to hazardous substances.

Providing leave for medical appointments or recovery from childbirth is also a reasonable accommodation.

After engaging in a dialog to explore suitable accommodations, an employer may deny a particular requested accommodation if it would create an undue hardship or expense to the employer.  

The PWFA prohibits employers from requiring an employee to take a leave if another reasonable accommodation may be available. The employer should not require the employee to accept an accommodation without discussion with the employee. Denial of a job or employment opportunities because of a need for accommodation is also prohibited.

Retaliation is prohibited against an individual who has exercised rights defined by the PWFA or other anti-discrimination laws such as the Americans with Disabilities Act or Title VII of the Civil Rights Act of 1964.

Recognize your rights

You are entitled to reasonable accommodation under the new law. In the event that you observe or experience unwanted sexual conduct or adverse actions due to pregnancy, consider your options. An individual may elect to confront the offender or report the conduct to the employer or the EEOC.   

Further, one may contact an attorney for advice on your circumstances on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:

What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission (eeoc.gov)

What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Photo by Pexels

New law calls attention to pregnancy discrimination – Blog # 107 – 7/17/2023

New law calls attention to pregnancy discrimination

Seventy-two percent of working women will become pregnant while employed at some time in their lives according to a recently released information graphic from the U.S Equal Employment Opportunity Commission (EEOC). The graphic provides information relating to the Pregnant Workers Fairness Act (PWFA), a new law on the enforcement plate of the EEOC.

Like victims of sexual harassment, women who report to their employer that they are pregnant are likely to receive adverse reactions from superiors often resulting in job loss.

Consider the following examples reported by Natalie Gontcharova for refinery29.com, a unit of Vice Media Group. Hanna M. worked in the healthcare diagnostics industry receiving four promotions, but after reporting her pregnancy she was downsized out of a job and soon thereafter she learned that a male employee was working under her job title and duties. Subsequent litigation discovery procedures turned up e-mail evidence proving that Hanna was terminated because of the pregnancy.

Serena G. was working as a bartender when she notified her manager that she was pregnant. She was told, “We don’t think this is going to work; you don’t need to come back.” Serena explained that female bartenders are supposed to look pretty, but for one who is eight months pregnant, their sex appeal is gone.

Melanie D. was recruited for a new role, but after reporting her pregnancy, the proposed job vanished and she was referred to a different job and role. When she questioned the change, she received an offer of compensation package and a non-disclosure agreement.

The new law requires covered employers to provide “reasonable accommodations” to a worker’s known limitations related to pregnancy, childbirth, or related medical conditions unless the accommodation will cause the employer an “undue hardship.”

Discrimination, harassment, or retaliation relating to gender, sex, or pregnancy is prohibited by laws enforced by the EEOC and by state or local fair employment practice agencies. Check our next blog for additional details.

Recognize your rights

In the event that you observe or experience unwanted sexual conduct or adverse actions due to pregnancy, consider your options. An individual may elect to tolerate the actions, confront the offender, or report the conduct.  Each alternative has its pros and cons which must be weighed in light of one’s individual circumstances.

Further, one may contact an attorney for advice on your circumstances on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:

Women Share Pregnancy Discrimination Stories (refinery29.com)

What You Should Know About the Pregnant Workers Fairness Act | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Photo by Pexels

Brazen professor directs female students to remove shirts – Blog # 106 – 7/5/2023

Brazen professor directs female students to remove shirts

We’ve been reporting on sexual harassment incidents for several years now, but this one really takes the cake. The headline read “Professor subjected class to sexual harassment over telling female students to remove their shirts during class.

In a story reported by New York Post and Fox News, a federal investigation has resulted in a finding that actions by a professor at Montgomery College in Maryland were in violation of Title IX of the Higher Education Act of 1972. The law, enforced by the U.S. Department of Education (DOE) in part prohibits discrimination based on sex for any educational program or activity receiving federal financial assistance.

DOE investigated student allegations that the professor required students to strip down to their sports bras to demonstrate a medical assessment. The professor also commented on the students’ nipples and breast positioning and demanded that they remove lab coats worn for modesty.

DOE found that the professor created a hostile environment based on sex, saying that the professor subjected the entire class to sexual harassment as a condition of instruction.  

The university responded by suspending and then firing the professor.

Title IX provides protection for students from sex discrimination from administrators, instructors, or fellow students including conduct such as dating violence, domestic violence, and stalking.

The law defines rules relating to procedures for schools to investigate and respond to sex discrimination incidents. For example, survivors are in the position of control to decide what happens after an incident of sexual harassment including sexual assault. Complainants are protected from retaliation.

Schools must respect the survivors’ decision to file or not to file a formal complaint and must offer supportive measures either way. Supportive measures can include dorm reassignments or class or schedule adjustments.

Recognize your rights

Generally, campus Title IX complaints are not reported to the police. According to Connecticut-based Duffy Law, a complainant may present a complaint through the school or the criminal law process by contacting local law enforcement.

In the event that you observe or experience unwanted sexual conduct or adverse academic actions, consider your options. An individual may elect to tolerate the actions, confront the offender, or report the conduct. These decisions as well as considering separating from the educational institution likely should include parental involvement.  Each alternative has its pros and cons which must be weighed in light of one’s individual circumstances.

Further, one may contact an attorney for advice on your circumstances on how to proceed with a harassment, discrimination, or criminal complaint. 

Sources Consulted:

 Professor subjected class to sexual harassment over telling female students to remove their shirts during class: DOE (nypost.com)

Policy | Title IX (ed.gov)

www.duffylawct.com

Photo by Pexels

Five tips for responding when you observe sexual harassment incidents – Blog # 105 – 6/20/2023

Five tips for responding when you observe sexual harassment incidents.   

56% of employees have witnessed or experienced sexual harassment in the workplace according to business solutions provider Etactics. Even if you haven’t experienced this unwanted conduct, you likely have observed others being victimized by predatory co-workers or superiors.  While many employees acknowledge trying to avoid getting involved, organizations that aid employees on sexual harassment or assault matters encourage bystander intervention as an important tool to combat predatory behavior.

The American Friends Service Committee (AFSC) offers a checklist of Do’s and Don’ts to guide bystander intervention. Here are some things that a bystander can do if a sexual harassment incident is observed:

  1. Make your presence known.  The presence of a witness can often help to curtail harassing conduct. Move closer to the victim or place yourself between the victim and the harasser.
  2. Create a distraction to interrupt the harassing situation. A spilled drink or dropped object could be an example of an action that disrupts the harassing conduct. Another example of distraction could be to ask a question or comment on an unrelated matter to either the victim or the harasser.
  3.  Offer to escort the victim to another place or location offering separation from the harasser. Creating separation helps to avoid escalating the matter or permitting added harm from occurring.
  4. Enlist the help of other possible bystanders in such discussions or making separations. Engaging a third party can provide added support and increase actions by others to avoid harassing conduct.      
  5. Don’t do nothing; such silence or inaction is perceived by the offender as consent for continued predatory conduct.

In the event that a co-worker discloses to you that he or she has been subjected to sexual harassment, it is best to be supportive and non-judgmental. Maintain a calm demeanor recognizing that it can take a lot of courage to open up about unwanted or threatening conduct. Supportive comments like “I believe you,” or “It’s not your fault,” will encourage the victim to tell their story. Commiserate with them by letting them know that you are concerned for their well-being.  You may identify resources for reporting the matter or other resources for help within the company or in the community.    Your empathetic response can help the individual to better understand their alternatives.

Recognize your rights

In the event that you observe or experience disrespectful conduct or adverse employment actions, consider your options. An individual may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of one’s individual circumstances.

When sexual conduct becomes threatening or physical, counselors recommend reporting the incident(s).  Organizations like RAINN (Rape, Abuse & Incest National Network) provide resources and assistance to individuals who experience sexual assault.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment, discrimination, or criminal complaint. 

Sources Consulted:

70+ Sexual Harassment in the Workplace Statistics — Etactics

Bystander Intervention Toolkit | American Friends Service Committee (afsc.org)

Supporting Someone that has Experienced Harassment or Assault | Ohio Wesleyan University (owu.edu)

Photo by Pexels

5 Tips for protecting your child during their first employment experience  – Blog # 104, 6-2-2023

5 Tips for protecting your child during their first employment experience     

Summer is here and many students and fresh graduates are now seeking employment. Obtaining one’s first job is a right of passage. It can be exciting and it can be scary but it will be rewarded with a paycheck. If the new worker in your family is under 18 years of age, there are special issues to consider.

Be aware of child labor law limitations. Youth under the age of 18 are subject to protective child labor laws. The federal Fair Labor Standards Act includes child labor provisions for nonagricultural occupations. The law establishes both hours and occupational standards for youth. Different standards apply to farm work.

Sixteen- and 17-year-olds may be employed for unlimited hours in any occupation other than those declared hazardous by the Secretary of Labor. Bans include driving or helping on motor vehicles, but 17-year-olds may drive cars or small trucks during daylight hours. Fourteen and fifteen-year-olds are subjected to work hours and time of day limits for work that must be outside of school hours as well as limitations against working in hazardous occupations.

Recognize that state laws may provide further limitations relating to child labor, and minimum wage requirements. Where there may be a conflict between state or federal law, generally the employer is responsible to comply with the law that provides the greater degree of protection for the employee.

Consider these five tips for protecting your child during their first employment experience.

  1. Encourage the young job seeker to ask questions about job responsibilities in the job interview. Remind your young first-time worker that employees are subject to the employers’ regular employment policies relating to complying with dress or appearance, time reporting, and attendance, following instructions, working safely, and performing assigned tasks in the manner and time prescribed. This may include guidelines relating to the use of computing devices and cell phones.
  2. Create some sample interview questions and conduct a practice or mock interview. Encourage the young job seeker to consider how life experiences in school, sports, church, or social activities may actually be developing useful job skills.
  3. Emphasize how learning to participate in new activities and following instructions are important job skills. The employer’s managers or supervisors have a reasonable prerogative to manage employee performance including giving work instructions and taking corrective action if the individual’s work tasks are not adequately performed. The new employee likely will encounter good and bad managers with different temperaments.    
  4. Describe how positive and polite communication is an important aid in job success. Employees are protected by various labor and employment laws that define requirements relating to hours, wages, and safety, including prohibitions against discrimination and harassment.  For example, employers are prohibited from engaging in conduct that treats employees differently because of age, race, sex, religion, national origin, color, disability, pregnancy, genetic information, sexual orientation or gender identity, sexual harassment, or retaliation for exercising rights under the law.   
  5. If your child is a new employee who is experiencing difficulty in the workplace, encourage him or her to share their experiences and concerns. As a parent, you can offer advice and suggestions from your own experience about how to get along and thrive in the workplace. 

Learning a new job can be a challenging and rewarding experience in helping youth to mature into adulthood. In the event that your young worker has identified serious issues or concerns, they should first try to work it out with the supervisor. If unsuccessful, the matter may be discussed with a human resources representative. If such efforts fail, you may encourage your young worker to exercise job rights such as contacting the state or federal labor department, EEOC or a local Fair Employment Practice Agency, or legal counsel.

Resources consulted:

Youth@Work | U.S. Equal Employment Opportunity Commission (eeoc.gov)

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What is the reach of your EEOC Harassment complaint?  Blog # 103 – 5/15/2023

What is the reach of your EEOC Harassment complaint?    

It can be one of your worst work nightmares, your supervisor has repeatedly subjected you to  physical abuse and sexual harassment. You just want it to stop; you’re thinking, “just leave me alone and let me do my job.”

Every sexual harassment victim struggles with this decision. You feel like you are all alone. Should you just tough it out, quit, or make a sexual harassment complaint? Do you have the courage to take the first step and file a discrimination complaint?

Upon receiving a discrimination complaint from the Equal Employment Opportunity Commission (EEOC), employers are instructed to respond with their side of the story. Employers customarily respond through counsel often denying knowledge of the alleged events and/or seeking to minimize the scope of the investigation.

The Commission’s probe can turn up violative conduct beyond your individual discriminatory incident(s). EEOC considers the employee complaint, and the employer’s response, while evaluating the frequency and severity of the conduct, witness testimony, and other relevant evidence. The Commission’s investigation may turn up other victims and offenders sometimes including other locations of the same employer.

A recent headline read “Car-X parent company to pay $200K…”  According to the EEOC’s lawsuit in this case, multiple male employees were subjected to repeated physical abuse and sexual comments by a supervisor and by coworkers at multiple locations in Illinois and Iowa.

Examples of the violative conduct included employees being forcibly groped in the groin and other private areas and subjected to graphic sexual language in their workplace at multiple locations. The EEOC further charged that a female employee was subjected to offensive verbal comments and given demeaning assignments because of her sex.

In another case, the Commission reported “Owners and Managers of Kingston Properties Pay $240,000 in Sex Harassment settlement.” The EEOC obtained relief on behalf of five women who were repeatedly subjected to crude sexual comments, obscene sexist epithets, unwelcome physical contact, and display of cell phone pornography. The uniquely defined relief in this case included a provision that company ownership not allow the offending manager to be involved with the employees.

When a violation is found, EEOC seeks monetary relief for the aggrieved individuals. In addition, the EEOC seeks to prevent future discrimination by requiring the employer to provide specialized anti-harassment and EEO training for employees and management, revision of policies, posting notice of the violation finding, and reporting remedial steps taken to prevent and/or resolve subsequent complaints for a specified time period. 

Recognize your rights

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

When sexual conduct becomes threatening or physical, counselors recommend reporting the incident(s).  Organizations like RAINN (Rape, Abuse & Incest National Network) provide resources and assistance to individuals who experience sexual assault.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment, discrimination, or criminal complaint. 

Sources Consulted:

Monro, Inc. to Pay $200,000 to Settle EEOC Sexual Harassment Lawsuit | U.S. Equal Employment Opportunity Commission

Owners and Managers of Kingston Properties Pay $240,000 in Sex Harassment Settlement | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Car-X parent company to pay $200K settlement in EEOC sexual harassment lawsuit (msn.com)

https://www.eeoc.gov/employers/what-you-can-expect-after-charge-filed

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Can Criminal Charges Strengthen Your Sexual Harassment Complaint?  Blog # 102 – 5/1/2023.

Can Criminal Charges Strengthen Your Sexual Harassment Complaint? 

The news headline read: “County settles $132K lawsuit with woman who was sexually harassed.”

Reading on, the story detailed that former corrections sergeant Russell Norris had pleaded guilty to attempted sexual assault and three counts of battery, all misdemeanors. These actions arose from allegations against Norris for official misconduct towards four women who worked at the jail resulting in jail time and subsequent probation for the offender.

While the facts of every sexual harassment incident are unique; the circumstances of this case demonstrate that the victims were able to present sexual harassment complaints resulting in civil litigation and criminal prosecution. Such presentation of the complaint(s) in multiple mediums increases the likelihood of employer response to the conduct rather than sweeping the matter under the rug.

When sexual harassment progresses in severity from words to physical conduct, the behavior may meet the definition of sexual assault which is a criminal violation.  Precise definitions for criminal sexual assault may vary by jurisdiction based on how the law is defined.

Elements of sexual assault may include an act of sexual penetration, the relationship between the individuals, age or awareness or ability to give knowing consent, the use of force or threat of force, and other similar factors that may be defined by law.

When sexual assault occurs, victim advocates recommend that it be reported to the national sexual assault hotline or to the local police department.  The severity of the conduct can lead to misdemeanor or felonious charges.  Evidence and/or witness testimony helps to prove the complaint.

 Recognize your rights

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

When sexual conduct becomes threatening or physical, counselors recommend reporting the incident(s).  Organizations like RAINN (Rape, Abuse & Incest National Network) provide resources and assistance to individuals who experience sexual assault.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment, discrimination, or criminal complaint. 

Sources Consulted:

Kane County settles $132K lawsuit with woman who was sexually harassed – Shaw Local

About RAINN | RAINN

Millions Collected for Discrimination Victims  Blog # 101 – 4/17/2023.

Millions Collected for Discrimination Victims 

Over $513 million was collected on behalf of victims of discrimination by the U.S. Equal Employment Opportunity Commission (EEOC) during fiscal year 2022.  The EEOC is the government agency that enforces federal laws that prohibit discrimination and harassment in employment.

The agency’s performance report identified that it used administrative enforcement and litigation to achieve compliance with federal laws that prohibit discrimination and harassment based on age, sex, race, religion, national origin, color, disability, pregnancy, genetics, sexual orientation/gender identity, and retaliation.  

The relief obtained included approximately $342 million for more than 33,298 victims of employment discrimination in the private sector and local government workplaces. $39.7 million was obtained for 1461 individuals as a result of litigation resolutions. In addition, more than $132 million was obtained for 3362 federal employees and applicants. 

The Commission receives and investigates complaints of discrimination, using mediation, conciliation, and negotiated settlements as well as litigation to obtain relief on behalf of harmed individuals.

Several examples of enforcement results in 2022 are noted. The Commission deems sexual harassment of vulnerable teen-aged workers to be an enforcement priority. In one case, Coughlin, Inc, an owner-operator of ten McDonalds stores in the New England area, was ordered to pay $1,600,000 to settle a class action lawsuit where multiple youths were subjected to groping of breasts, genitals, and buttocks, as well as sexually explicit comments and threats by a male night shift manager.

Huntington Ingalls and NSC Technologies settled an EEOC sexual harassment and retaliation lawsuit for $350,000. Female employees sent by NSC to work as cleaning crews at the Huntington Ingalls shipyard were subjected by a male ship superintendent to sexual comments, display of lewd acts, and threatened with termination if they did not acquiesce. Two were sexually assaulted, one quit in fear, and another was fired for rejecting the advances.  The thirty-month consent decree also required the defendant companies to develop or revise anti-harassment policies, train employees and managers, and report their compliance activities to EEOC monitors.

In another case, Kelly Williamson, an Illinois gas station – convenience store operator, settled an EEOC lawsuit for $75,000 for its failure to take corrective action when a female employee reported sexual advances and crude jokes by a male customer and then shared private medical information about the victim. The employer was required to provide training and compliance reporting for a four-year period.   

Recognize your rights

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources Consulted:

2022 Annual Performance Report (APR) | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Recent Sexual Harassment Cases Highlight EEOC’s Role – ELH / HR4Sight (employmentlawhandbook.com)

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“Drawing a Line” Confronts Sexual Harassment,  Blog #100 4-2-2023

“Drawing a Line” Confronts Sexual Harassment

With this # 100 post, the Drawing a Line blog and podcast takes this opportunity to look back over the past three years of blog posts providing insights and information on confronting sexual harassment. The podcast is posted on Spotify and other popular podcast sites. This look-back re-examines the most observed posts, the posts that generated the greatest interest from viewers.

The most viewed blog was blog # 50 Have you observed sexual harassment? A Poll, receiving 2309 views. The poll queried “have you observed one or more sexual harassment incidents in your workplace and if so, what follow-up actions did you take? Respondents were able to identify whether they observed harassment and what action they took.  A significant number (25%) acknowledged observing harassment and 18% spoke privately confronting the offender. Another 12% remained silent, while others identified taking various actions to intercede or report the matters.  

The second most viewed blog was blog # 55, a poll that asked “What actions did you take that stopped a sexual harasser from bothering you?” This poll, receiving 197 views, used structured questions to ask if respondents reported the incident to a higher manager (23%), confronted the harasser (19%), fought back in self-defense to physical harassment (15%), reported the incident to H.R.(11%), or took other action (30%). 

The various blogs address issues of concern to individuals who are experiencing sexual or other forms of harassment, as well as report on significant new laws, and offer comments relating to incidents of sexual harassment reported in the news media.  Among the more popular posts were blog #97 How to recognize sexual harassment behavior, blog #96 Six tips for proving your sexual harassment claim, and blog #98    Seven important steps to take in response to sexual harassment.

Readers also were attracted to blog #68 Six Tips for combating sexism, blog #48 What to expect when you contact the EEOC, blog #73 Sixty-three percent lose job after a complaint, and blog #79 New sexual harassment protections.

Over a hundred viewers have downloaded a copy of the article authored by William Hubbartt entitled “At What Cost? A look at sexual harassment at the [law] firm, reprinted from the Illinois Bar Journal in July 2021. Over 200 blog visitors have viewed author Hubbartt’s other writing credits including authorship of the novel “Drawing a Line – Look inside the corporate response to sexual harassment.”

If you would like us to comment on other issues relating to sexual harassment, please enter your comment in the reply section at the end of this blog.

 Decide where to draw the line

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources Consulted

Blog # 50 Have you observed sexual harassment? A Poll revised 3-31-21 – Drawing a Line (wordpress.com)

Blog # 55 How did you stop a sexual harasser in your workplace? 6-28-2021 – Drawing a Line (wordpress.com)

hubbarttjuly21reprint898.pdf (wordpress.com)

Amazon.com: Drawing a Line: A look inside the corporate response to sexual harassment: 9798609905031: Hubbartt, William S.: Books

Photo credit:  Canva.com

What Part of No Don’t You Understand?  Blog # 99 3-19-2023

 What Part of No Don’t You Understand? 

For the individual who is experiencing unrelenting sexual harassment, the title of Lorrie Morgan’s chart-topping country song of 1993 says it all.

Typically, sexual harassers are predatory in nature. It can be unfortunate if your job requires interaction with such an individual. The offender takes advantage of their power over your position to seek sexual favors in return for the cooperation that is needed for success in your job.  

The overtures may be presented with an accompanying smile as a joke or a dual-meaning innuendo or as accidental bumps and gropes. But they’re persistent, and the message is clear, “to get along, you’ve got to go along.” “Give me what I want and I’ll make your job easier.”

An individual’s immediate reaction is to ignore the conduct and focus on the work activity.  But avoidance may not be a viable alternative.  The repeated pressure of this unwanted demand can readily cause anxiety and depression or other health reactions.   

According to the EEOC study on harassment in the workplace, 70% of victims of sexual and other forms of harassment decline to report the conduct to the employer, choosing instead to endure the conduct or to quietly seek other employment. You need your job; you’ve worked hard to advance your career.  Every individual must consider their own circumstances as they evaluate alternatives.

Sooner or later, there is a need to draw a line. One alternative is to confront the offender, to tell them that their conduct is offensive, unwanted, and must stop. The statement should be clear, strong, and assertive, backed up by confident body posture.  

Likely there have been prior incidents where you silently endured offensive comments or actions and then later an appropriate response comes to mind. If you tend to be soft-spoken, it would be wise to rehearse your response.

Respect your instincts on when and how to respond.  If the offender is so brazen to offend in the presence of others, a shaming response may be appropriate. Be prepared to escalate if the conduct is repeated.  

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted: REPORT OF THE CO-CHAIRS OF THE EEOC SELECT TASK FORCE ON THE STUDY OF HARASSMENT IN THE WORKPLACE    report.pdf (eeoc.gov)

Photo by Pexels.

Seven Important Steps to Take in Response to a Sexual Harassment Complaint – Blog # 98 – 3/6/23.

Seven Important Steps to Take in Response to a Sexual Harassment Complaint

Whether you are a team leader or a manager, sooner or later you will likely receive a sexual harassment complaint. Your ability to resolve this sensitive matter can significantly affect the productivity of your workgroup. Many complaining employees assert that their supervisor observed the unwanted sexual conduct and just laughed along with the harasser.

EEOC Regulations say that an employer is responsible for acts of sexual harassment in the workplace where the employer (or its agents or supervisory employees) knows or should have known of the conduct. This means that your failure to address harassment issues can result in legal liabilities. Here are seven important steps to take.

  1. As a team leader or supervisor, you should report the matter to your superiors and/or the human resources specialist. Do not retaliate against an individual for presenting a complaint or exercising rights under the law.  
  2. As authorized by management, investigate the matter by asking the victim to describe the unwanted conduct, identify the offender(s), and provide details about when and where, and the frequency of the conduct.
  3. Ask the victim if he or she has any documents or other evidence of the alleged conduct. These days, a primary medium for sexual harassment is through electronic communication such as e-mail, cell phone texts, messaging systems, and social media platforms. If possible, print out the inappropriate messages.  
  4. Check with other employees in the work area or others who may interact with the offender to see if they have seen or heard or experienced similar conduct.
  5. Conduct a separate private discussion with the individual(s) who are identified as the offender(s). Get their side of the story.  Check to see if there are any issues or disagreements between the victim and the offender.
  6.  Objectively examine your own observations and interactions relating to the subject individuals checking for indications that might corroborate the alleged behavior. Look for behavioral characteristics such as telling dirty jokes, engaging in flirtatious activity, speaking in double entendres, seeming to cause accidental bumps or touches, or using gender or ethnic slurs.  Avoid the tendency to treat such behaviors as “that’s just George being George, he doesn’t mean anything by that.”  Such seemingly harmless conduct is like the tip of an iceberg; there is much more lurking under the surface. 
  7. If inappropriate conduct is confirmed, deal with the matter on a timely basis.  Impose discipline or other corrective action on the offender. Discharge may be appropriate for egregious behavior. Caution the offender not to engage in any kind of retaliatory conduct. Provide feedback to the complaining party that the matter has been addressed.

Know your options

In the event that you observe or experience disrespectful conduct or adverse employment actions, consider your options. As a team leader or supervisor, you have an obligation to take steps to stop discriminatory or harassing behavior. Your employees have a right to work in an environment that is free of unlawful discrimination or harassment.

If an individual complains, you should bring the matter to superiors and/or to the human resources department. Your failure to recognize and respond to sexual harassment can result in significant liability to the employer.  Do not retaliate against an individual who had complained about harassment or discrimination.

A related topic of interest

eCFR :: 29 CFR 1604.11 — Sexual harassment.

Eight Questions to Expect if You Complain About Sexual Harassment   Blog  #94, 1-9-2023 – Drawing a Line (wordpress.com)

Photo by Pexels

How to recognize sexual harassment behavior – Blog # 97 – 2/21/2023

How to recognize sexual harassment behavior 

You’ve heard the stories and read the headlines about sexual harassment allegations and jury awards that can sometimes be in the millions. But, can this really happen in your workplace? Ok, maybe there is some harmless flirting and joking around, but that’s not really sexual harassment is it?  It’s not as if the team leader says “put out or get out.”

You’ve heard the expression “Beauty is in the eye of the beholder.”  Likewise, sexual harassment is in the eye of the recipient. Greater numbers of women report experiencing unwanted sexually harassing behavior than men. And LGBTI individuals report experiencing harassing and bullying behavior at greater rates than others in the workforce.

You don’t want to believe that it can happen in your work team, but sooner or later your workgroup can become the source of a sexual harassment complaint from one of its employees.  This controversial issue could rear its ugly head when an employee expresses concern about inappropriate unwanted sexual conduct or attention from a co-worker, or perhaps a customer or vendor.  

Sexual harassment can occur from male to female, female to male, or between individuals of the same sex. LGBTI individuals are now protected under federal law and in many states as well.  The matter carries even greater significance and liability for the firm if a supervisor or manager is engaging in inappropriate behavior.

Maybe the conduct began harmlessly as a friendly flirtation, an off-color joke, or individuals sharing comments about off-work activities.  But when someone’s “joking” activities go too far and become inappropriate, or continue after the recipient has stated that the conduct is offensive, the behavior will be disruptive to the work group.   

Sexual harassment can be verbal, physical, visual, or graphic, and now oftentimes includes the use of the internet or e-mail, or messaging systems to convey unwanted sexual communication to the victim. Examples of sexual harassment can include requests or demands for sexual favors, display of sexually explicit photos or graphic images, inappropriate touching or groping, or use of sexual slurs.

One final note: If you are the supervisor or team leader, you can protect your business and yourself by avoiding your own romantic entanglements with your employees.  Because you are the boss, your own “harmless flirtation,” can be perceived as an implied demand with the threat of job loss if one fails to submit to your entreaties. Such conduct could morph into a legal and publicity nightmare for small and large businesses alike.

Know your options

In the event that you observe or experience disrespectful conduct or adverse employment actions, consider your options. As a team leader or supervisor, you have an obligation to take steps to stop discriminatory or harassing behavior. Your employees have a right to work in an environment that is free of unlawful discrimination or harassment. If an individual complains, you should bring the matter to superiors and/or to the human resources department. Your failure to recognize and respond to sexual harassment can result in significant liability to the employer.  Do not retaliate against an individual who had complained about harassment or discrimination.

Sources consulted:

Select Task Force on the Study of Harassment in the Workplace | U.S. Equal Employment Opportunity Commission (eeoc.gov)

drawingaline175408723.wordpress.com/2023/02/06/6-tips-for-proving-your-sexual-harassment-claim-blog-96-2-6-2023/;

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6 Tips for proving your sexual harassment claim   Blog # 96, 2-6-2023

6 Tips for proving your sexual harassment claim 

Sexual harassment. You’ve heard the stories or read the news reports of others’ dilemmas, but now it’s happening to you. A manager or co-worker is coming on to you, making inappropriate remarks or actions of a sexual nature. You’ve tried to ignore it and focus on doing your job. You’ve heard what happens to those who complain and you just want it to stop.

Seventy percent of individuals fail to report such incidents to their employers. Before you decide whether or not to present a complaint, consider these tips for how to prove a sexual harassment claim.

Sexual harassment can be verbal, physical, graphic, or electronic communication. The victim as well as the harasser can be male or female; the victim does not have to be of the opposite sex. L G B T I sexual preferences are also protected. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

First of all, recognize how the law defines sexual harassment. Federal regulations define sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when

– submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

– submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

– such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Consider these six tips for how to prove a sexual harassment claim.

  1. Document the sexual harassment incidents by writing specifics of what was said or done by the offender(s) recording details of dates, times, places, and nature of the conduct. Note whether the conduct was Quid-pro-quo (a demand of sex for jobs or benefits as a condition of employment), or frequently subjecting you to offensive inappropriate unwanted conduct.
  2. Make a note of your response or reply to each incident. While your initial reaction may ignore the inappropriate conduct, a response that confronts the offender by stating that their remarks or action is inappropriate and should stop asserts and documents that the conduct is unwanted.
  3. Seek corroborating evidence. Sexual harassment allegations are often met with she-said-he-said denials which make it difficult to prove a violation of the law. But when the allegations are supported by evidence of texts or e-mails or witness statements, such evidence supports your claim.   
  4. Keep job or performance records that demonstrate your work results and accountabilities before the harassing conduct and after your refusal to submit to such demands.
  5. Find other victims. Sexual harassers are predatory and often victimize others or predecessors who formerly did your job.  If you can locate others who may be willing to speak out, it will strengthen your complaint.
  6. Create a file of evidence to support your claim.  When confronted with detailed documents of evidence, the employer is more likely to move from denials to offering to settle the complaint.  

If you have questions about your particular circumstances, you are encouraged to contact the EEOC or a local Fair Employment Practice Agency, or legal counsel.

The following resources were consulted in the preparation of this blog:

Fact Sheet: Sexual Harassment Discrimination | U.S. Equal Employment Opportunity Commission (eeoc.gov)

29 CFR § 1604.11 Sexual harassment – Code of Federal Regulations (ecfr.io)

What’s the burden of proof for workplace sexual harassment? (swartz-legal.com)

How can I prove sexual harassment? – Employee Rights Attorney Group

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Eight Questions to Expect if You Complain About Sexual Harassment   Blog #94, 1-9-2023

Eight Questions to Expect if You Complain About Sexual Harassment  

We have previously reported that as many as 70% of sexual harassment victims decline to report the unwanted conduct to the employer, choosing instead to endure the conduct or to quietly seek other employment. If you do choose to report the conduct, here’s what you might expect.

If you have presented your complaint to a higher-level manager or the business owner, the response might be, “Who is bothering you?”   He may then say, “Don’t worry. I’ll take care of the problem.”  

Some managers may not be trained on how to handle sensitive harassment complaints. Such a response should cause you to worry. This manager didn’t ask for details because he already knows what is happening and likely has fielded previous similar complaints. By saying he’ll take care of the problem he is probably thinking of ways to get rid of you.

In the event that you presented your complaint to a Human Resources Specialist or a government equal employment opportunity office (such as the U.S. Equal Employment Opportunity Commission or a state fair employment practice agency), you will receive a confidential interview eliciting additional information and details. Likewise, you may present your complaint to an attorney.

When a sexual harassment complaint is presented, the employer is responsible to conduct an investigation into the matter.  These eight questions (and likely many more) should be part of the investigation into your complaint.

  1. Who is the individual who is sexually harassing you? Follow-up questions will identify the offender’s job and the nature of the working relationship.
  2. What is the nature of the conduct that you’re complaining about? Follow-up questions will clarify if the behavior was unwanted; and identify if it was verbal, physical, visual, or graphic such as pictures or text, evaluating the severity of the conduct.
  3. How often did this conduct occur? This clarifies the frequency of the conduct.
  4. When did the conduct occur? Conduct occurring during work, before or after work is relevant to the complaint.
  5. Where did the conduct occur? Again, such unwanted conduct occurring in the workplace or at other locations is relevant to the investigation.
  6. Are there any witnesses to the conduct? Identification of others who have observed or heard or experienced the conduct helps to corroborate the allegations.
  7. How did you respond?  Whether your response was to remain silent, consent, parry, or confront the offender, it is important to evaluate all of the facts of the interaction. Succumbing to an assault because of fear for your safety does not defeat the claim.
  8. Do you have any evidence of the conduct you have described? Evidence such as texts, phone messages, contact lists, graphic images, or bruising or bodily harm can help to corroborate the allegations.    

Consider these issues and collect evidence when you complain. Provide specifics and details. They provide a more convincing complaint. Whether you present your complaint to an attorney, Government EEO investigators, or a company representative, a complaint backed up by evidence helps to put a stop to the unwanted conduct.

Photo by Pexels.

7 Signs that you work with a serial sexual harasser. Blog # 93. 12-27-2022

7 Signs that you work with a serial sexual harasser.   

One of the outcomes of the #MeToo movement a few years ago was that it flushed out a number of serial sexual harassers. Individuals like Harvey Weinstein or Matt Lauer had been getting away with imposing sex-for-jobs demands for years. While word gets around in the company or industry, these serial offenders seem to continually find a new unaware victim.

You may be working with or for a serial sexual harasser. For your own protection, watch for these seven signs:

  1. Closed-door meetings with the boss where a co-worker emerges appearing distressed. Sooner or later, it will be your turn with the boss.  If the boss displays a drill sergeant management style demanding results of all employees, he or she may be what I call an equal opportunity bad manager. But, if the private meeting is used to demand sexual favors, the conduct has crossed the line into sexual harassment territory.
  2. Some offenders frequently talk in double entendres where one of the comments has a dual meaning that is usually risqué or indecent.
  3. Frequent handsy or hugging or other physical risqué behavior of the offender that management dismisses by saying, “don’t worry about that, it’s just Harry being Harry.”
  4. Sexual predators frequently probe with personal questions that pry into your personal or social life, weekend activities, or sex life.
  5. Bold predators may use implied or overt power with sexual strings attached in order to receive a favorable job assignment, performance review, or pay adjustment.
  6. Sometimes you hear jokes being made or stories of frequent turnover in a job because of the “open secret” demands of the manager.
  7. You may learn that there have been many predecessors in your job before you who refused to play the game. 

Decide where to draw the line

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted:

Signs that you are working with a serial sexual harasser (qz.com)

Photo from Pexels

Speak Out Act offers new harassment protections.  Blog # 92. 12-12-2022

Speak Out Act offers new harassment protections. 

President Biden on December 7, 2022, signed the “Speak Out Act.” This new federal law is seen as a tool to combat sexual harassment and assault by allowing victims and survivors to have the freedom to report and publicly disclose their abuse. 

The Speak Out Act imposes a limitation on judicial enforceability of nondisclosure and non-disparagement contract clauses relating to sexual assault disputes and sexual harassment disputes.  The law went into effect immediately.

The recent #MeToo movement drew attention to the frequency of use of nondisclosure and nondisparagement agreements (NDAs) by employers when settling sexual harassment complaints raised by employees. Such agreements have been used by employers to silence complainants when making a settlement payout preventing public disclosure of sexual harassment or assault incidents. Such agreements shield perpetrators and enable them to continue their abuse. 

In passing this law, Congress reported that eighty-one percent of women and 43 percent of men have experienced some form of sexual harassment or assault in their lifetime. Further, one woman in three has faced sexual harassment at work during her career and an estimated 87 percent or more declined to file a formal complaint.

The key provision of the new law is that it makes unenforceable any nondisclosure or non-disparagement clause agreed to before the dispute arises. This means that such agreements cannot be enforced judicially in instances in which conduct is alleged to have violated Federal, Tribal, or State law.

The new law allows for continued applicability of state law that is at least as protective of the right of an individual to speak freely as provided by this Act. In addition, the law does not supersede a provision of a Federal, State, or Tribal law that governs the use of pseudonyms in claims of sexual assault or sexual harassment, and it does not prohibit an employer or employee from protecting trade secrets or proprietary information.

As we reported in the Drawing a Line blog #85, a number of states have passed laws limiting or prohibiting the use of NDAs in the settlement of sexual harassment claims.

Implementation of the Speak Out Act follows a similar law entitled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

Be aware of your rights

If you are presented with a non-disclosure agreement in the course of employment or arising from a discrimination or harassment complaint or a mandatory arbitration agreement, it is recommended that you obtain legal advice before signing the agreement. 

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted:

Text – S.4524 – 117th Congress (2021-2022): Speak Out Act | Congress.gov | Library of Congress

President Biden signs bill voiding NDAs in cases of sexual assault, harassment | HR Dive

Nondisclosure Pacts Help to Perpetuate Sexual Harassment – Blog # 85.  8-22-2022. – Drawing a Line (wordpress.com)

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Recognize your Retaliation Rights   Blog # 91. 11-29-2022

Recognize your Retaliation Rights   

Growing numbers of individuals who present complaints of discrimination to the federal job bias agency are adding Retaliation to their complaints according to EEOC data. Over a five year period, the proportion of charge receipts for retaliation has grown from 45.9% in 2016 to 55.8%  in 2020. 

The EEOC administers various federal laws prohibiting discrimination in employment because of age, race, sex, national origin, color, religion, disability, and genetics. Each of the laws includes a provision prohibiting retaliation against an individual who has exercised his or her rights under the law.

This means that an employer or its agents or supervisors should not punish an employee for asserting their rights under EEO laws. An individual who speaks out or complains about discrimination or participates in an investigation is engaging in “protected activity.”  

Common examples of retaliation may include reprimand, lowered performance rating, punitive transfer, verbal or physical abuse, change of schedule or hours or assignments detrimental to the employee, or even outright discharge. But note that a discrimination complaint is not a free pass to avoid discharge if work performance is sub-par or conduct is disruptive or insubordinate.

Another example of where retaliation may rear its ugly head is in circumstances of employee reductions or terminations where there is a severance agreement with a waiver and release of claims. Such agreements must be made in a “knowing and voluntary” manner.

Individuals may ask, “can I still file a charge with the EEOC if I believe that I have been discriminated against based on my age, race, sex, or disability, even if I signed a waiver releasing my employer from all claims?”

The EEOC says “yes.” Although your severance agreement may use broad language to describe the claims that you are releasing, you can still file a charge with the EEOC if you believe you were discriminated against during employment or wrongfully terminated. In addition, no agreement between you and your employer can limit your right to testify, assist, or participate in an investigation, hearing, or proceeding conducted by the EEOC under the ADEA, Title VII, the ADA, or the EPA. Any provision in a waiver that attempts to waive these rights is invalid and unenforceable.

Be aware of your rights

If you are presented with severance or other non-disclosure agreement in the course of employment or arising from a discrimination or harassment complaint, it is recommended that you obtain legal advice before signing the agreement. 

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted:

Enforcement and Litigation Statistics | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Retaliation | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements | U.S. Equal Employment Opportunity Commission (eeoc.gov)

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She said – He said — The different perspectives of sexual harassment.  Blog # 90. 11-7-2022.

She said – He said — The different perspectives of sexual harassment. 

According to a report by Jennifer Peltz of Associated Press, publicist Haleigh Breest alleged during a civil rape trial that filmmaker Paul Haggis shoved her onto a bed, pulled off her clothes, and forced her to perform oral sex. Then, he raped her as she repeatedly told him to stop.

Asserting that he has finally had an opportunity to clear his name, Haggis portrayed himself as a flirt who acted on what he thought was a mutual attraction.  He claims that she never gave him any indication that this sexual incident was anything other than consensual.

She said – he said.  Such allegations and denials are a part of every sexual harassment complaint and litigation if the matter is brought into court. The offenders often attempt to minimize the conduct as just joking around or asserting that the conduct was consensual.

When informed of a sexual harassment complaint, the employer is responsible to investigate the matter and take appropriate corrective action. Often, the local human resources specialist is ill-equipped to conduct an effective investigation.  A local site manager may be even less sensitive to the obligations to investigate the matter properly. In such circumstances, the matter should be referred to a professional EEO investigator or the employer’s legal counsel.

When sexual harassment or other discrimination complaints are presented to the EEOC or to the state fair employment practice agencies, the matter is investigated according to agency procedures. Trained investigators know what questions to ask and objectively evaluate the evidence.

Where there is sufficient evidence to prove a violation of the law, the agencies use conciliation and persuasion to obtain relief on behalf of the complainant. In the event that there is insufficient evidence to prove a violation, the agency issues a notice of right to sue.    

In the era preceding the #MeToo movement in 2017, company investigations often resulted in some sort of settlement, and separation with a payout documented in a non-disclosure agreement to quietly dispose of the matter.

Since the eruption of the #MeToo movement on social media, recipients of unwanted sexual conduct have become more aware of their options for responding to conduct identified as sexual harassment.  EEOC data shows that charge receipts for sexual harassment rose from 7.9% of total charges in 2017 to 10% in 2018 and 10.3% in 2019.

Know your options

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted:

Filmmaker Haggis finishes testimony, denies claims by women (local10.com)

Enforcement and Litigation Statistics | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Photo by Pexels

6 Strategies to overcome indecision in confronting workplace sexual harassment.  Blog # 89. 10-25-2022.

6 Strategies to overcome indecision in confronting workplace sexual harassment

70 % of individuals who experienced sexual harassment in the workplace declined to report the experience to the employer according to the Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the workplace.

A number of reasons are attributed to the reluctance to report harassment.  Some individuals are just trying to get along with peers and fit into the workgroup. Others decline to report harassment incidents because they don’t want to be seen as a trouble-maker. Some individuals silently endure the harassment because they need the job and fear retaliation if they complain.

Victims of unabated sexual harassment often experience worry, distraction, and anxiety leading to depression and other detrimental health effects. These factors can have an adverse effect on your job performance.

These strategies are offered to help individuals to evaluate their alternatives in deciding a response to sexual harassment.

  1. Recognize that sexual harassment will continue until action is taken to stop the conduct. Demeaning gender-based comments as well as sexual joking, sexual inquiries or propositions, inappropriate touching, or display of sexual images can qualify as harassing conduct.
  2. Be aware that you are not alone in experiencing this conduct. Harassers are repeat offenders; it is highly likely that others in your work area have seen or experienced the same conduct. It is possible that your predecessor left the job or company because of the behavior of the harasser. Have there been other complaints? What was the outcome?
  3. It can be helpful to sort out the issues by confiding in a spouse, close friend, or a professional such as a doctor or attorney to gain an outside perspective.
  4. Collect evidence of the harassment to document inappropriate actions noting dates, times, places, and any witnesses. Print out relevant text messages or emails.
  5. Information is power. Know your job rights and the employer’s policies for dealing with harassment and discrimination. A sexual harassment complaint can lead to a lawsuit.
  6. Evaluate your alternatives. Decide what action(s) to take. You may elect to confront the harasser, or report the conduct to superiors, or human resources. A written complaint documents the matter and helps to prompt a response by the employer. Some individuals elect to seek other employment rather than engage in a messy airing of allegations and denials.

The bottom line

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can evaluate your circumstances, offer advice, and provide assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted:

EEOC Select Task Force on the Study of Harassment in the Workplace | U.S. Equal Employment Opportunity Commission

Sexual Harassment – Equal Rights Advocates

Photo by Pexels.

Workplace Romance: when excitement becomes dicey.  Blog # 88. 10-11-2022.

Workplace Romance: when excitement becomes dicey.  

85% of extramarital affairs are the result of workplace romance reports workforce management software provider Peoplehum.com. Nearly half of employees involved in romantic relationships at work were top executives.

Newsworthy examples of work romances that turned dicey included the resignation earlier this year of CNN chief Jeff Zucker, the discharge of McDonald’s executive Steve Esterbrook in 2019, and the resignation of Intel’s CEO Brian Krzanich in 2018. The egregious sexual conduct attributed to Harvey Weinstein reached rampant levels that prompted his discharge and the eruption of the #MeToo movement in 2017.

Corporate culture tends to mirror executive conduct and is reflected throughout the organization by employee behavior. Peoplehum reported that 86% of surveyed women who worked in conservative environments felt that workplace romances were discouraged, while such limitations were less likely in those fast-paced liberal thinking entities where executives allowed more permissive behavior.

According to the Society of Human Resource Management (SHRM), one-third of workers acknowledge that they are currently or have been involved in a workplace romance, a number that is six points higher than a similar pre-COVID survey. These included relationships with peers, superiors, and subordinates. 28 percent of workers have someone they consider as their “work spouse,” and nearly a quarter of these acknowledge romantic feelings towards this co-worker.

The regulations of the Equal Employment Opportunity Commission (EEOC) do not prohibit consensual romantic relationships. Rather, EEOC rules dealing with sexual harassment prohibit unwanted conduct of a sexual nature.

Employee relations problems can arise when a manager gives preference to a paramour in job assignments and promotions, but such preference is not likely an EEO violation. However, when an office romance goes sour, animosities can occur leading to allegations of sexual harassment or retaliation.  

SHRM president and CEO Johnny C. Taylor encourages employers to define policies relating to workplace romance to protect employees from unwarranted situations of favoritism, sexual harassment, and retaliation.

Many companies don’t require employees to report workplace romances, and according to SHRM, 77 percent of employees who engaged in a workplace romance declined to disclose the relationship to the employer.  

The bottom line

If you’re an employer, it would be wise to define some guidance on permissible and inappropriate conduct. If you’re an individual sitting on the threshold of a workplace romantic relationship, tread carefully.

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted:

7 Unbelievable Workplace Romance Stats You Should Know This Valentine’s | peopleHum

New SHRM Survey: The Rise of Workplace Romance

Workplace Romance Flourishes Even Under Covid.  Blog # 69.  1-10-2022. – Drawing a Line (wordpress.com)

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Six tips to protect your teen from sexual harassment. Blog # 87. 9/27/2022.

Six tips to protect your teen from sexual harassment

One of the priorities of parenthood is teaching your child about “stranger danger.” As your child matures and enters the adult world a similar important life lesson emerges: protecting your child from sexual harassment.  The first job for many teens is often in fast food and full-service restaurants, an industry that is rife with sexual harassment.

Protecting young workers from employment discrimination and harassment is one of the priorities of the U.S. Equal Employment Opportunity Commission.  An example of this priority is seen in the agency’s recent announcement that it has sued Chili’s Grill and Bar for sexual harassment of teens in Texas and Arkansas restaurants.

According to the EEOC, a class of female teens in Arkansas were subjected to sexual harassment and physical assaults by a 33-year-old male cook. Similarly, in Texas, a 36-year-old male employee is alleged to have grabbed and touched a female employee and that other teen employees were subjected to sexual remarks by co-workers. 

In the Baltimore area, the Commission obtained a $125,000 settlement to a lawsuit against Koerner Management Group, Inc., an IHOP franchisee, on behalf of teenaged employees who were subjected to groping, display of pornographic material, and questions of a sexual nature.

Here are some ideas for educating your teen as he or she enters the work world.

  1. Participating in the work world is an important coming-of-age experience. A parent can and should alert their child to the potential dangers of inappropriate work conduct. A good time to do this is when the news media reports on a significant event or litigation relating to employment discrimination or harassment.  
  2. Drawing on your own experience, offer examples of inappropriate conduct you may have observed or experienced, and then provide suggestions on how to respond.
  3. Keep communication open with your new worker to learn how are things going at work. Ask questions on how work relationships are going with the workgroup, peers, and superiors.  
  4. If possible, visit the job site as a customer; or observe interactions between employees before or after work if you are giving a ride to the young worker.
  5. If inappropriate conduct is observed, you can coach the young worker on how to respond. While your teen likely will not want you to personally intercede on their behalf, it may be appropriate to speak to management when your child is still a minor or in cases where the working child encounters harassment because of a disability.  
  6. Let your child know about workplace rights.  The EEOC asserts that workers young or old have the right to work in an environment that is free of discrimination or harassment and the right to complain about such conduct without punishment.  

A parent may accompany a minor child to present a complaint of discrimination in the workplace to the EEOC or a state or local FEPA agency or an attorney.  These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted.

Chili’s Grill and Bar Sued by EEOC for Sexual Harassment of Teens in Texas and Arkansas Restaurants | U.S. Equal Employment Opportunity Commission

IHOP Franchisee Pays $125,000 to Settle EEOC Sexual Harassment Lawsuit | U.S. Equal Employment Opportunity Commission

Your Rights | U.S. Equal Employment Opportunity Commission (eeoc.gov)

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Recognize the six body language cues used by Sexual Harassers – Blog # 86. 9/5/2022.

Recognize the six body language cues used by Sexual Harassers

In the gender jousting of the workplace, sexual harassers use power and control techniques to target and intimidate co-workers or subordinates into submitting to their demands for sexual favors. 

Ronald E. Riggio, Ph.D., writing in Psychology Today, describes how some men use body language to control others. Body language is the non-verbal communication and behavior displayed by humans as they interact in life and the workplace. According to Riggio, men use more body language cues of dominance, while women tend to display more submissive cues. Consider these behaviors.

Eye Contact: Assertive personalities stare directly into other’s eyes when engaged in communication. A staring match in the course of a one-on-one discussion ultimately results in submission by one of the individuals. The one who looks away first is the loser in this confrontation. The submissive response is more likely to be displayed by subordinate and/or female employees.

Expansive Posture: Men tend to assume a more expansive posture taking up more space as a cue to establish dominance. Examples of this conduct can include leaning forward when speaking, displaying arms outward such as placing hands on hips with arms akimbo, and sprawling arms and legs to take up more space when seated. Men customarily sit with legs spread or cross-legged by placing one ankle on the opposite knee while women sit with legs tightly together or one knee crossed on top of the other.   

Physical Contact: The use of physical contact to show dominance is an ancient human tendency that we recognize as fighting behavior. Softened by civilization, aggressive individuals now use touch to control others. This can be seen in the form of an aggressor touching one’s arms or shoulders to calm or control another individual. Research has shown that men tend to touch more than women using such gestures to control or dominate.    

Invasion of Personal Space: The use of expansive posture described above also creates a tendency to invade the space of others. Men are more likely to invade the personal zone of human interaction and enter the intimate zone reserved for consensual touching or embracing.

Tone and Voice Volume: Men often use an assertive tone and louder voice volume to gain control over others. Assertive statements expect compliance and rely on an anticipated submission by subordinates and/or females.

Power Dress and Appearance: Executives are known to wear power suits to convey the uniform of authority. Compare this to the many styles of women’s clothing such as skirt or dress length that tend to be restrictive of movement or more revealing of the body. While attractive, some styles create a submissive appearance.  

Assertive body language by an executive when interacting with all subordinates is not likely to rise to a level of conduct considered to be sexual harassment.  But, when the conduct is directed towards you because of your gender and includes sexual remarks, inappropriate touches, or demands for sexual submission, such conduct can readily cross the line and become sexual harassment.   

When subjected to incidents of inappropriate conduct, the Drawing a Line blog recommends that the first step is drawing a line by responding to or confronting the offender by firmly stating that the conduct is inappropriate and should stop.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, the Drawing a Line blog recommends that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted

How Some Men Use Body Language to Control Others | Psychology Today

https://drawingaline175408723.wordpress.com/2021/07/31/protecting-our-personal-space-blog-57-7-31-2021/;

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Nondisclosure Pacts Help to Perpetuate Sexual Harassment – Blog # 85.  8-22-2022.

Nondisclosure Pacts Help to Perpetuate Sexual Harassment

So, you summoned the courage to complain to the employer about the relentless demeaning sexual remarks, propositions, and offensive groping by a co-worker. After weeks of denials, the company’s legal counsel now offers a financial settlement payable only if you leave the company, waive all claims against the firm and the offender, and promise not to disclose any information about your complaint and the payout.

Such non-disclosure agreements, called NDAs are common when an employer makes a settlement offer to a complaining employee.   

The frequent use of NDAs by businesses to dispose of sexual harassment and other similar employment discrimination complaints was aired among the revelations of sexual misconduct when the #MeToo movement flourished a few years ago, according to Bloomberglaw.com.

The NDAs serve to settle the matter with the victim and to quell any adverse publicity that might arise. The matter is effectively swept under the rug while the high-profile offender continues his despicable behavior.

As a follow-up to #MeToo, California enacted a law in 2018 banning employers from using NDAs to hush settlement victims. Fourteen other states have since passed similar laws. A proposed bill called The Speak Out Act is now being considered in the U.S. Congress.

According to NewAmerica.org, a think tank focusing on public policy issues, the pervasiveness of sexual harassment continues because workers in low-wage jobs often tolerate the conduct owing to the need for their jobs and lack of options. Sexual harassers are emboldened, asserting their job power over the victims, keeping targets silent, and normalizing a sexually toxic environment.  

The New America report on sexual harassment asserts that toxic employers silence workers through the use of employment agreements that often prevent them from taking public legal action against a workplace harasser.

The various states that have enacted laws limiting the use of non-disclosure agreements vary in their provisions about what actions are prohibited and which employers are covered.

Evaluate your alternatives   

If you are presented with a non-disclosure agreement in the course of employment or arising from a discrimination or harassment complaint, it is recommended that you obtain legal advice before signing the agreement.  

The Drawing a Line blog recommends that when subjected to incidents of workplace sexual or gender harassment, the first step is drawing a line by responding to or confronting the offender by firmly stating that the conduct is inappropriate and should stop.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, the Drawing a Line blog recommends that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted.

States Expand Bans on Nondisclosure Pacts Beyond #MeToo Claims (bloomberglaw.com)

Sexual Harassment: A Severe and Pervasive Problem: Summary of Findings (newamerica.org)

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Value of Sexual Harassment Proposed at $7.6M – Blog # 84.  8-8-2022.

Value of Sexual Harassment Proposed at $7.6M

Law Professor Dr. Joni Hersch of Vanderbilt Law School recently proposed the use of risk premiums to provide a compensating wage differential for sexual harassment much like a similar wage differential provided for employees in jobs subjected to greater risk of death or injury. Dr. Hersch proposed that employers should provide premium pay to women because of their exposure to sexual harassment and conducted a study of sexual harassment claims to determine the true statistical monetary value of harassment. Dr. Hersch concluded that the value of sexual harassment should be $7.6 million.

Dr. Hersch published her findings in the Journal of Risk and Uncertainty in October 2018. Senior Contributor Kim Elsesser subsequently examined Hersch’s findings in Forbes Magazine in March 2019.

Title VII of the Civil Rights Act of 1964, the federal law that prohibits sex and other forms of discrimination, created the U.S. Equal Employment Opportunity Commission (EEOC) as the government agency responsible to enforce federal anti-bias law and defined violations.  The Civil Rights Act of 1991 defines caps for damages in cases of intentional discrimination, limiting relief for a complaining party to $300,000 and lesser amounts in cases against smaller employers.   

Dr. Hersch asserts that setting a $7.6M cap on sexual harassment damages would serve as a greater financial deterrent to firms just as workers’ compensation has deterred firms from allowing unsafe work practices.  A greater sexual harassment value would provide greater incentives for victims to report inappropriate conduct and file charges.

The damages caps have never been updated or adjusted for inflation. While litigation expenses from discrimination complaints are costly, some employers seem to tolerate such expenses as a cost of doing business. Dr. Hersch contends that increasing the cap would incent employers to reduce harassment. 

When it happens to you   

Recognize your alternatives when you observe or experience such disrespectful conduct. You may elect to tolerate or consent to the entreaties, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

The Drawing a Line blog recommends that when subjected to incidents of workplace sexual or gender harassment, the first step is drawing a line by responding to or confronting the offender by firmly stating that the conduct is inappropriate and should stop.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, the Drawing a Line blog recommends that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted.

Is $7.6M The Value Of Sexual Harassment? (forbes.com)

Valuing the risk of workplace sexual harassment (vanderbilt.edu)

Laws Enforced by EEOC | U.S. Equal Employment Opportunity Commission

Photo by Pexels

Workers protected from third-party harassment – Blog # 83. 7-25-2022.

Workers protected from third-party harassment

The phrase “the customer’s always right” is a popular business slogan intended to build a business following from customers. But there can be times when customer conduct crosses the line by engaging in unwanted sexual harassment of employees. Studies suggest that sexual harassment plagues restaurant employees more frequently than in other industries.

Citing a study by the Restaurant Opportunities Centers United, attorney Craig T. Matthews, Esq., reports that 80% of restaurant workers have experienced sexual harassment from customers.

Workers in female-dominated occupations such as restaurant, retail, medical, and teaching are more likely to experience what has been termed as third-party harassment. In addition to harassment from co-workers or supervisors, these employees may experience unwanted sexual propositions or conduct from customers, clients, suppliers, vendors, students, or patients.   

Equal employment and anti-harassment laws provide protections for employees from any of these offenders.

In a recent case, the Equal Employment Opportunity Commission (EEOC) prevailed in a lawsuit against discount retailer Costco Wholesale Corporation. Stock clerk Dawn was subjected to sexual harassment from Costco customer Thad Thompson.  The conduct included repeated incidents of unwanted personal inquiries, propositions, touches, and following her about the store over a 12-month period. Court records describe four incidents of bumping her with his cart, two incidents of touching, two attempts to hug her and then videotaping her with his cell phone.

Dawn rejected his entreaties and reported the incidents to management. Costco management was slow to react because it didn’t want to offend a customer. Dawn presented a complaint to the local police department. After the incidents continued, she filed a stalking no contact order in state court. The anxiety associated with these incidents prompted Dawn to take a medical leave of absence. Then she was discharged. Dawn’s complaint led to a lawsuit by the EEOC resulting in a jury award of six figures.

The lesson for employees and employers alike is that sexual harassment is one circumstance where the customer is NOT always right.

When it happens to you   

Recognize your alternatives when you observe or experience such disrespectful conduct. You may elect to tolerate or consent to the entreaties, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

The Drawing a Line blog recommends that when subjected to incidents of workplace sexual or gender harassment, the first step is drawing a line by responding to or confronting the offender by firmly stating that the conduct is inappropriate and should stop.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, the Drawing a Line blog recommends that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted.

CTM Law – Craig T. Matthews & Associates, LPA Sexual Harassment in the Restaurant Industry – CTM Law – Craig T. Matthews & Associates, LPA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. COSTCO WHOLESALE CORPORATION | FindLaw

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Six tips for bystander intervention in sexual harassment – Blog # 82. 7-12-2022.

Six tips for bystander intervention in sexual harassment

Preventing sexual harassment is everyone’s responsibility asserts the National Sexual Violence Resource Center (NSVRC).  The N S V R C has published a tip sheet offering ideas for bystander intervention. An engaged bystander is one who intervenes before, during, or after observing a situation of sexual harassment or violence.

The Rape, Abuse & Incest National Network (RAINN) also identifies bystander intervention as a helpful strategy when you witness sexual harassment. R A I N N encourages you to intervene in a way that fits your comfort level and is appropriate for the situation.

Here are six ideas on ways that a bystander can intervene.

  1. Create a distraction. Without directly confronting the offender, you might interrupt the situation by asking for directions or pretending to know the victim by starting a conversation on another matter. Such action disrupts the situation.
  2. Enlist the help of others. If two or more other bystanders intervene, the offender is less likely to continue harassing behavior in the presence of a group of witnesses.
  3. Confront the harasser. In a work environment where the harasser may be a co-worker, you might speak out about the inappropriate conduct. Silence by peers enables the inappropriate conduct to continue unabated.
  4. Report the inappropriate conduct. When a witness bystander takes action to report the incident to an authority such action can help to curtail blatant misbehavior. In incidents of physical sexual contact, it is appropriate to contact your organization’s security personnel or the police.
  5. Offer assistance to the victim. You may be able to offer ideas on how to better deal with the issue or the offending individual or refer the victim to someone who can help.
  6. Intervention is protected activity. Recognize that any action that you take in response to harassment due to a covered basis such as sex, race, religion, age, national origin, disability, gender preference/orientation or genetics is protected activity under E E O laws.      

When it happens to you   

Recognize your alternatives when you observe or experience such disrespectful conduct. You may elect to tolerate or consent to the entreaties, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

The Drawing a Line blog recommends that when subjected to incidents of workplace sexual or gender harassment, the first step is drawing a line by responding to or confronting the offender by firmly stating that the conduct is inappropriate and should stop.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, the Drawing a Line blog recommends that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted.

N S V R C   publications_nsvrc_tip-sheet_bystander-intervention-tips-and-strategies_1.pdf

Sexual Harassment | RAINN

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Know your nine options in responding to sexual harassment.  Blog topic # 81. 6-27-2022.

Know Your Nine Options in Responding to sexual harassment. 

81% of women and 43% of men have experienced sexual harassment at some point in their career according to Maria Clark writing for business solutions organization Etactics. Clark asserts that “It’s practically impossible to avoid all potential sexual harassment situations because so many occur in the workplace.”

The Drawing a Line blog offers insights to help individuals encountering workplace harassment. When it happens to you, it is important to know your options. We’ve identified nine options to help you to cope with this issue in the workplace.   

How one reacts to a situation depends on many factors, such as who the offender is, his/her job level or reporting relationship with the victim, the nature and frequency of the harassment, and the stakes or personal costs of making an issue about this inappropriate conduct.

Consider your options

  1. Ignore the propositions. This is often an individual’s first reaction to unwanted sexual comments or conduct. However, the conduct typically continues and escalates until getting a reaction from the victim. At some point, you are compelled to respond. Otherwise, stress or anxiety may lead you to take a medical leave of absence.
  2. Participate in the joking and jousting. Some individuals seek to blend with the workgroup by participating in the joking behavior by laughing at or joining the sexual talk or joking that occurs in the workplace.  Again, such conduct usually escalates until crossing a line and getting a reaction from the victim.   
  3. Seek transfer to another job away from the offender. Usually intended as a silent escape, the victim’s transfer request may not identify the sexual harassment conduct or individual that prompts the request.
  4. Resign and seek alternative employment elsewhere without identifying the sexual harassment conduct that prompts your resignation. Many opt for this alternative by finding another career advancement opportunity without enduring possible retaliation associated with a sexual harassment complaint.
  5. Broadcast or complain about the harassment on social media. An individual’s complaint on social media in late 2017 led to the #MeToo movement where posts went viral. You may recall that thousands of women joined in posting their stories of sexual abuse and harassment leading to resignations and discharges of media personalities and business leaders who had engaged in predatorial behavior for years.
  6. Join with others to confront the offender or to present a group complaint or lawsuit. Many sexual harassers repeatedly engage in predatory behavior. Find out what happened to your predecessor or other former employees who left because of the offender. There is strength in numbers when presenting a convincing message to overcome any denials by the offender(s). 
  7. Confront the offender with an aggressive response by identifying the inappropriate conduct and firmly stating your refusal to submit to inappropriate sexual proposals and asserting that the conduct should stop.
  8. Report the conduct internally to a higher manager or human resources representative or externally to the Equal Employment Opportunity Commission or state or local fair employment practice agency (FEPA). Such report puts the employer on notice that inappropriate sexual harassment is occurring in the workplace.  Collect and provide details or evidence of the incident(s) to prove that inappropriate conduct has occurred. In incidents of physical sexual harassment or sexual assault, report the conduct to the police.  
  9. You may elect to Consent to the entreaties. But do so only if the conduct is welcomed and the circumstances and/or individuals are not coercive. In the event that you consent to and willingly engage in sexual conduct with a co-worker, such willing participation is not deemed to be sexual harassment. Please recognize that un-willing consent to sexual conduct out of fear for your safety and/or where the victim has stated “no” or “stop” but is overpowered by forceable sex would likely fit the definition of sexual assault which should be reported to the police.

Drawing a line. As you can see, there are a variety of alternatives when encountering sexual conduct in the workplace. When the conduct is pervasive or severe and unwanted, it becomes sexual harassment. At some point it is necessary to draw a line. Telling the offender to stop is often the first step. Readers are invited to consider the issues and alternatives identified here in light of your circumstances in order to fare well in the working environment. 

If you are unable to resolve the matter at work or fear retaliation, you are encouraged to speak with an EEOC or FEPA intake investigator or to an attorney. These resources can offer advice and assistance on how to proceed with a sexual harassment complaint.

Sources Consulted

70+ Sexual Harassment in the Workplace Statistics — Etactics

Evaluating alternative responses to sexual harassment. Blog topic # 37. 9-19-2020. – Drawing a Line (wordpress.com)

Photo by Pexels

Can emotional intelligence help defeat sexual harassment? – Blog # 80. 6-13-2022.

Can emotional intelligence help defeat sexual harassment?

Departing Meta executive Sheryl Sandberg proposed this very idea during the peak of the #MeToo movement a few years ago. An author and outspoken advocate for women’s leadership issues, Ms. Sandberg encouraged employers and individuals to use emotional intelligence to combat improper behavior in the workplace.

Emotional intelligence refers to the ability to recognize and manage one’s own emotions as well as the emotions of others. According to Psychology Today, the theory of emotional intelligence was introduced by psychologist John D. Mayer and popularized by author Daniel Goleman’s book of the same name.

An emotionally intelligent person is said to be aware of their own emotional states, understand what emotions they are feeling, and be able to manage those emotions. Such individuals are not impulsive and use their awareness to think before they act. Critics argue that there are no scientific measures of this state of awareness.

Sandberg outlined a series of practical steps including clear policies, training in respectful behavior, treating claims seriously, investigating fairly balancing the rights of victims and the accused, and taking decisive action when wrongdoing is found.

Sandberg asserted that all employees have a role to play in maintaining a respectful workplace; enablers are complicit when they stay silent or look the other way.

Drawing on the emotional intelligence concepts, a Delphi Group report acknowledges that some men have been socialized to believe that they are entitled to dominate women (sexually and otherwise) and that some women have been socialized to avoid speaking out when they have been demeaned. The Delphi report argues that these traits can be recognized and overcome by proper training.

When it happens to you   

Recognize your alternatives when you observe or experience such disrespectful conduct. You may elect to tolerate or consent to the entreaties, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

The Drawing a Line blog recommends that when subjected to incidents of workplace sexual or gender harassment, the first step is drawing a line by responding to or confronting the offender by firmly stating that the conduct is inappropriate and should stop.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, the Drawing a Line blog recommends that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted.

Sheryl Sandberg Just Used Emotional Intelligence to Show How Every Company Can Fight Sexual Harassment | Inc.com

Emotional Intelligence | Psychology Today

Sexual Harassment & Emotional Intelligence – The Delphi Group – The Delphi Group

Photo by Pexels

New Sexual Harassment Protections – Blog #79. 5-30-2022.

Sexual harassment protections extended to non-binary individuals

A non-binary gender option is being added to the Equal Employment Opportunity Commission (EEOC) discrimination charge intake process reports attorney Taylor Flake Lawson, writing in the May 2022 issue of HR Professionals Magazine.

Presently, workers have only two gender options (male or female) when filing a complaint with the EEOC, according to Lawson. The new policy revisions will promote greater equity and inclusion for members of the LGBTQI+ community by giving individuals the option to select a nonbinary “X” gender marker.

According to the EEOC, the Commission plans to incorporate the Centers for Disease Control and Prevention’s National Center for Health Statistics (NCHS) proposal for defining a third gender marker category referred to as “X”.  The “X” marker permits the individual to self-identify as male, female, or an “unspecified” or “another gender identity,”  

The Commission will update the voluntary demographic questions relating to gender on the online public portal, the internet-based-intake questionnaire available to the public to submit inquiries or begin the process of filing a charge of discrimination. 

Similar changes will be made to the charge of discrimination form to include “Mx” in the list of prefix options.  

These administrative changes follow the recent U.S. Supreme Court decision in Bostock v. Clayton County, Georgia, where the high court held that firing individuals because of their sexual orientation or transgender status violates Title VII’s (Title VII of the Civil Rights Act of 1964) prohibition on discrimination because of sex.

The court reasoned that “discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex; the first cannot happen without the second.” Growing from this court decision, the Commission now refers to such bias as Sexual Orientation and Gender Identity (SOGI) discrimination.

The message to employers is that it is unlawful to subject an employee to workplace harassment that creates a hostile work environment based on sexual orientation or gender identity. Incidents of gender harassment will be evaluated by EEO investigators in a manner similar to sexual and other forms of harassment. These changes do not alter current anti-bias holdings that the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious. However, harassment can be deemed unlawful when it is so frequent or severe that it creates a hostile work environment or when it results in an adverse employment decision such as demotion or discharge.  

When it happens to you   

When you observe or experience such disrespectful conduct, you may elect to tolerate or consent to the entreaties, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

The Drawing a Line blog recommends that when subjected to incidents of workplace sexual or gender harassment, the first step is drawing a line by responding to or confronting the offender by firmly stating that the conduct is inappropriate and should stop.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, the Drawing a Line blog recommends that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted.

Non-Binary Gender Option Added to EEOC Discrimination Charge Intake Process – HRProfessionalsMagazine

EEOC to Add Non-Binary Gender Option to Discrimination Charge Intake Process | U.S. Equal Employment Opportunity Commission

Sexual Orientation and Gender Identity (SOGI) Discrimination | U.S. Equal Employment Opportunity Commission (eeoc.gov)

Photo by Pexels

EEOC Rescinds Harassment Guidance Released in 2024.  Blog # 145.  January 30, 2026

EEOC Rescinds Harassment Guidance Released in 2024. 

The U.S. Equal Employment Opportunity Commission (EEOC) recently voted to rescind a policy guidance document that was originally approved by the agency in 2024.  The guideline provided insights and guidance on how to deal with harassment issues in the workplace. The guidance included information on preventing harassment and dealing with gender identity issues.

Followers of EEO issues expressed concerns about this action by the agency.  Rebecca Kair, legal reporter at Bloomberg Law asserted that the guidance document had been issued during the Biden Administration, intending to aid in the understanding of harassment issues, including clarification about misgendering of workers, which is a form of discrimination.

Title VII of the Civil Rights Act of 1964 is the enabling law that created the EEOC,  and one of several laws enforced by the agency through its investigation and remedying of employment discrimination claims.

Chai Feldblum, a former EEOC Commissioner, reported that discrimination based on gender identity is still illegal under Title VII, even though the guideline document was rescinded.

Michelle Tavis, professor, author, and speaker on employment discrimination issues, opined that the Commission’s action of rescinding its own guideline was a reflection of the Administration’s anti-trans agenda, and further that this action did not change the law. 

David Lopez, a law professor and former General Counsel with 15 years of experience with the anti-bias agency, stated his perspective that, as a law enforcement agency, the EEOC should be operating with a high degree of transparency to guide employers to properly follow the law. The agency’s unilateral withdrawal of guidelines withholds a resource that had been intended to aid employers in complying with the law.

The bottom line

The laws administered by the EEOC remain in effect. In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons, which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC intake investigator,  your local or state anti-bias agency, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Information for this blog post was drawn from Linked-In blog posts cited or written by the named individuals. Photo by Pexels.

Career Soldier Demonstrates Drawing a Line – Blog 144. October 19, 2025

I resigned from the military because of Trump

[The Drawing a Line blog came across the following article published in the Opinion section of the Washington Post on October 16, 2025]

“I could not swear to follow a commander in chief who seems so willing to disregard the Constitution.” By Doug Krugman

On Sept. 30, at an unprecedented gathering of senior military leadership, President Donald Trump said, “If you don’t like what I’m saying, you can leave the room — of course, there goes your rank, there goes your future.” I wasn’t invited to be in the room that day, and I had decided months earlier that I had to leave.By coincidence, Sept. 30 was my last day as a colonel in the United States Marine Corps. I gave up my career out of concern for our country’s future.

United States military officers take an oath to defend the Constitution without mental reservation or purpose of evasion. I swore or repeated that oath under five presidents, starting with former president Bill Clinton. I risked my life for it, serving as an infantry officer in two wars. I watched Marines die for it.

*****  See full details of this opinion article from the Washington Post.

https://www.washingtonpost.com/opinions/2025/10/16/marine-resign-trump-oath-constitution

I voluntarily gave up my rank as the president suggested, but the future of our country is more important than any individual’s career, wealth or power. I have no regrets about my decision. I have given up the service I loved for the freedom to do the right thing, the freedom to speak my mind and the freedom to speak in defense of our country.

[Doug Krugman served for 24 years in the United States Marine Corps.]

As a fellow veteran, I salute Doug Krugman for his service and for his courage in making this difficult decision.

(Photo credit: Pexels – Brett Sayles)

Workplace Romance: when excitement becomes dicey.  Blog # 143. 7-20-2025.

Workplace Romance: when excitement becomes dicey.

The recent Coldplay concert jumbotron image and now viral incident capturing the romantic embrace of Astronomer CEO Andy Byron and the company’s HR Chief Kristin Cabot prompts the Drawing a Line Blog to replay its blog post #88 from 2202. Fittingly, we repeat our three-year-old post.  News reports indicate that Byron has resigned in the wake of this incident.

85% of extramarital affairs are the result of workplace romance reports workforce management software provider Peoplehum.com. Nearly half of employees involved in romantic relationships at work were top executives.

Newsworthy examples of work romances that turned dicey included the resignation earlier this year of CNN chief Jeff Zucker, the discharge of McDonald’s executive Steve Esterbrook in 2019, and the resignation of Intel’s CEO Brian Krzanich in 2018. The egregious sexual conduct attributed to Harvey Weinstein reached rampant levels that prompted his discharge and the eruption of the #MeToo movement in 2017.

Corporate culture tends to mirror executive conduct and is reflected throughout the organization by employee behavior. Peoplehum reported that 86% of surveyed women who worked in conservative environments felt that workplace romances were discouraged, while such limitations were less likely in those fast-paced liberal thinking entities where executives allowed more permissive behavior.

According to the Society of Human Resource Management (SHRM), one-third of workers acknowledge that they are currently or have been involved in a workplace romance, a number that is six points higher than a similar pre-COVID survey. These included relationships with peers, superiors, and subordinates. 28 percent of workers have someone they consider as their “work spouse,” and nearly a quarter of these acknowledge romantic feelings towards this co-worker.

The regulations of the Equal Employment Opportunity Commission (EEOC) do not prohibit consensual romantic relationships. Rather, EEOC rules dealing with sexual harassment prohibit unwanted conduct of a sexual nature.

Employee relations problems can arise when a manager gives preference to a paramour in job assignments and promotions, but such preference is not likely an EEO violation. However, when an office romance goes sour, animosities can occur leading to allegations of sexual harassment or retaliation. 

SHRM president and CEO Johnny C. Taylor encourages employers to define policies relating to workplace romance to protect employees from unwarranted situations of favoritism, sexual harassment, and retaliation.

Many companies don’t require employees to report workplace romances, and according to SHRM, 77 percent of employees who engaged in a workplace romance declined to disclose the relationship to the employer. 

The bottom line

If you’re an employer, it would be wise to define some guidance on permissible and inappropriate conduct. If you’re an individual sitting on the threshold of a workplace romantic relationship, tread carefully.

In the event that you experience disrespectful conduct or adverse employment actions, consider your options. You may elect to tolerate the actions, confront the offender, report the conduct, or seek other employment. Each alternative has its pros and cons which must be weighed in light of your individual circumstances.

If customary internal reporting mechanisms prove ineffective or if you fear retaliation, we recommend that you copy or save evidence of the harassing conduct or communications. You are encouraged to speak with an EEOC or FEPA intake investigator, or an attorney. These resources can offer advice and assistance on how to proceed with a harassment or discrimination complaint. 

Sources consulted:

7 Unbelievable Workplace Romance Stats You Should Know This Valentine’s | peopleHum

New SHRM Survey: The Rise of Workplace Romance

Workplace Romance Flourishes Even Under Covid.  Blog # 69.  1-10-2022. – Drawing a Line (wordpress.com)

Photo by Pexels

Maine Governor Demonstrates “Drawing a Line.” Blog #141,– 5-19-2025

Maine Governor Demonstrates “Drawing a Line.”

Maine Governor Janet Mills recently demonstrated the effectiveness of “Drawing a Line” when responding to actions that violate the rule of law. News reports revealed that state government officials were unable to access previously approved federal funds for state education grants.

President Trump accused the Maine Governor of violating Title IX of the Civil Rights Act.   Governor Mills asserted that the state did not intend to enforce a Presidential Executive Order and that she would “see him in court.”  

Working with the governor, Maine Attorney General Aaron Frey filed a lawsuit seeking the release of the funds. The matter recently has been settled. Neither party admitted any wrongdoing, and funds were freed for healthy lunches for 172,000 Maine school children. The Governor heralded the settlement as a victory.  Attorney General Frey wrote that “It’s unfortunate that my office had to resort to federal court just to get the USDA  (U.S. Department of Agriculture) to comply with the law and its own regulations.”

So, what do you do if you are subjected to unwanted harassment or discrimination?

One response is to respond to the offender, asserting that such conduct or behavior in inappropriate and should stop.  Repeated instances of harassing conduct can rise to a level of severity to be considered unlawful harassment. In workplaces where there is an unabated accumulation of demeaning remarks, such conduct can contribute to a hostile working environment which may be in violation of the law. 

In the event that you experience unwanted harassment, sexual conduct, or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources consulted

Maine Governor Secures School Lunch Victory in Fight With Trump Over Trans Athletes   www.msn.com – news

Photo by Pexels

Confronting the superstar harasser.  Blog topic # 140. 3-27-2025.

Confronting the superstar harasser.  (Reprinted from Blog topic # 38.  10-5-2020)

Q. “My job requires me to interact with the Executive Vice President, the number two person where I work. In public, he comes across as charming and debonaire. But when I have to meet with him alone, he displays another side that is crude, debasing, sexually demanding, and physically abusive. Because of his status, he is untouchable. What can I do?”

A. A person displaying the behavior you are describing has been referred to as a “Superstar Harasser.” This is an individual with authority, status, and an ego to match who uses their position to demand sexual favors and take verbal and physical sexual liberties with subordinates.

The EEOC Select Task Force on the Study of Harassment in the Workplace devoted a section of the report on the Superstar Harasser. These individuals view themselves as privileged, entitled, and above the rules.

In many firms, the tendency is to look the other way because of the superstar’s status and contribution to the bottom line, allowing such conduct to continue unabated.  Any complaints are handled quietly, swept under the rug with a transfer or discharge of the complainant, often accompanied by some sort of payoff with a restrictive nondisclosure agreement imposing silence upon the complainer.

The effect of the #MeToo movement on social media flushed out many such instances where the bright light of publicity was finally shined on the sexual misconduct of top executives, media personalities, and moguls causing resignations and discharges.

With the superstar harasser, the egregiousness and frequency of the misconduct cannot be ignored. One either submits, seeking to protect the job and income, or draws a line that results in fight or flight.

The EEOC report cited a Harvard Business School study which referred to such harassers as “toxic workers” and reported that allowing such conduct to continue resulted in a net negative profit consequence to the employer.

If you find yourself in the sights of a superstar harasser and decide to consent, do so recognizing many other predecessors have succumbed to his demands and others will follow. 

Or consider that you need to quickly decide when and where to draw the line. Do you find other employment and chalk it up to experience? Or do you draw on your own power using data to detail dates times incidents, witnesses, and other victims to report the conduct and demand redress of grievances?

There are a variety of alternatives when encountering sexual harassment.   If you are unable to resolve the matter at work or fear retaliation, you are encouraged to speak with an EEOC or FEPA intake investigator or to an attorney. These resources can offer advice and assistance on how to proceed with a sexual harassment complaint.

Sources consulted: https://www.eeoc.gov/eeoc-select-task-force-study-harassment-workplace

Editor’s note: The above link was re-verified at the time of publication of this post. All Drawing a Line blog posts are author-written with no AI assistance.

Drawing a Line is now more important than ever – Blog # 139 – 02/02/2025

Drawing a Line is now more important than ever

The election is over and the votes have been tabulated resulting in a change of administration. As is customary in presidential politics, the newly elected President entrenches his new administration with a series of executive orders designed to cement his leadership and control over the bureaucracy that is the federal government.

This pendulum swings back and forth between the differing philosophies of the Democratic and Republican parties and the progressive versus conservative beliefs of the candidates.

According to the American Bar Association, there are three types of presidential orders: executive orders, proclamations, and administrative orders.  These orders have the force of law, but they are not legislation. These orders affect how government agencies carry out their activities that enforce the laws enacted by Congress.  

Several of the recent Trump executive orders have terminated diversity, equity, and inclusion activities in the federal government, halted affirmative action requirements for federal government contractors, and recognized two sexes – male and female rather than recognizing gender identity.

Further, two Democratic Commissioners at the EEOC were discharged by the President prior to the end of their tenure terms.

The newly appointed Acting Director at the Equal Employment Opportunity Commission (EEOC) is taking steps to revise or change priorities in the agency. Various enforcement actions important to the previous administration are now being discontinued.  An article in The New Yorker offers further insights into this transition.

So, how will all this affect you? What do you do if you are subjected to unwanted harassment or discrimination?

Title VII of the Civil Rights Act of 1964, and other federal labor and employment laws remain in effect and employers are subject to these federal laws.

I submit that “drawing a line” is now more important than ever. If you experience unwanted harassment, sexual conduct, or adverse discriminatory actions due to the various protected class bases, it is important to assert your rights as you consider your options.

While some individuals elect to engage in quiet or literal quitting, others choose to “draw a line” by confronting the offender or reporting the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. You still have a right to file a charge of discrimination.  Further, you have a right to file a lawsuit alleging employment discrimination.

Filing a charge of discrimination is a prerequisite for filing a discrimination lawsuit under the various EEO laws except for Equal Pay claims.

Complaining employees may present discrimination complaints based on the protected class bases of age, race, sex, religion, national origin, color, disability, genetics, pregnancy, and retaliation where such characteristics may apply to the affected victim of malicious conduct.

In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint.  Counsel can evaluate your circumstances and determine the appropriate mediums for pursuing relief.  

Sources consulted

What Is an Executive Order? – from Americanbar.org.

Trump’s Orders Sow Chaos Inside the Nation’s Enforcer of Equal Opportunity | The New Yorker

Photo by Pexels

Links

Is your boss a bully? – Blog # 138 – 12-16-2024

Is your boss a bully?

In almost every job, you interact with customers, peers, superiors, or perhaps subordinates.  During that daily employment experience, you encounter all kinds of individuals.  Many of these people could be described by terms such as friendly, courteous, considerate, and professional, performing their job tasks with tact, efficiency, and empathy.  If only every day with every co-worker could be like that!

Unfortunately, there are other times, when your job tasks put you in contact with individuals who are angry, hostile, intimidating, and even threatening. This kind of conduct has been referred to as incivility. Some people feel that rude, disrespectful behavior is occurring in greater frequency in daily life as well as on the job.  

Such incivility can be particularly distressing when it comes from the team leader or manager on the job.  When you work for a superior who is insulting or disrespectful, it feels like they are continually picking on you.  

The Society of Human Resource Management (SHRM) has studied this issue and tracks a Civility Index score that measures the frequency of acts of incivility. According to SHRM, acts of incivility are on the rise.   SHRM’s published report states that 26% of U.S. workers anticipate an increase in the number of uncivil behaviors in the workplace next year. And 44% of workers fear that incivility will worsen in 2025.

What can you do if your boss is a bully?

We have heard about employment discrimination and occasionally read news stories where an employer has been found liable for engaging in such conduct and forced to pay relief to victimized employees.  But, is there a law against bad management?

Unfortunately, In the U.S. there is no specific federal cause of action aimed at preventing abuse that might be referred to as bullying. Complaining employees may present discrimination complaints based on the protected class bases of age, race, sex, religion, national origin, color, disability, sexual orientation, genetics, pregnancy, and retaliation where such characteristics may apply to the affected victim of malicious conduct.  

Individuals may present discrimination complaints with state or local fair employment action agencies when the alleged conduct is based on protected class categories covered by applicable state or local law.

Depending on the facts of your case, plaintiff attorneys may also seek redress under legal theories such as infliction of emotional distress, defamation, breach of contract, harassment, conspiracy, disparate treatment, negligence in hiring or other employment actions, negligent infliction of emotional distress, tortious interference, and wrongful discharge. But there is no law against bad management.

So, what do you do if you are subjected to unwanted harassment or discrimination?

One response is to respond to the offender asserting that such conduct or behavior in inappropriate and should stop. 

In the event that you experience unwanted harassment, sexual conduct, or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources consulted

Civility at Work – 2024 Civility Index Research  from SHRM.org.

Read about Workplace Bullying – Blog # 136 – 9/22/2024 – Drawing a Line

Photo credit: Pexels

Crossing the Line – Blog # 137 – 11/12/2024

Crossing the Line

Today’s blog is excerpted from the novel “Drawing a Line- A look inside the corporate response to sexual harassment.” The novel introduces private detective Gina Girardi who is hired by a Chicago business to investigate the shooting of executive Sean O’Rielly. Here, Gina describes the investigation as it takes a new turn. 

In looking for motive, I turned up issues surrounding the company’s acquisition of another company.  This called for a road trip. I drove into Atlanta, for a luncheon meeting with former Smith Electronics controller LaTonya Washington.  We’d agreed to meet at Peachtree Vineyards, the classy restaurant where Sean O’Rielly had welcomed the former Smith Electronics management team to the O’Rielly Electronics organization after the acquisition. I wanted to see the environment of the restaurant where the sequence of events unfolded that resulted in sexual harassment allegations. I thought that a meeting in the same location might further prompt recollections by LaTonya to help me gain insights into the events that preceded Sean’s shooting.  

I arrived a couple of minutes late, Atlanta traffic is a bear. I announced myself to the maître d and was led to a corner table next to the southern exposure window with a 32nd-floor view of downtown Atlanta looking towards Hartsfield Airport, barely visible in the hazy mid-day sky.  Peachtree Vineyards appeared to be the place in town for power lunches, as evidenced by white table cloths, six-piece silverware set-ups, fancy crown folded napkins at each setting, a male white shirt wait staff, a snooty maître d’, and, of course, the predominantly male clientele in business suits. As a well-dressed female, I got the ‘once over’ more than once as I followed the maître d’ to my table.

I was barely seated and had checked out the skyline view when the dull murmur of conversation and the clink of silverware suddenly silenced, and eyes turned towards the entrance of the restaurant.    Mr. Snooty, himself, came parading through the restaurant, leading a tall glamorously striking African American woman, wearing a navy business suit, red-white-blue pinstripe blouse, accessorized with a touch of red on the pocket square, French cuffs, pumps, and hand clutch.  The woman’s proud confident stride ignored the stares of the restaurant’s male patrons though I had little doubt that she relished the undivided attention she received as she was led towards me. As she reached the table, I heard a soft whistle from a far corner of the restaurant, and I sensed a fleeting scowl in her eyebrow but no other visible reaction.

“Gina, how are you?  It’s a pleasure. I’m LaTonya Washington.”  Shaking my hand, she added, “Welcome to Atlanta.  I’m glad that you called and I appreciate the opportunity to talk.” 

I could tell with this introduction she was taking a measure of me. We ordered a glass of wine and chatted briefly about my trip from Chicago, the weather, the growing Atlanta skyline, and the abominable traffic. By that time the murmur of conversation and tinkle of glasses and silverware had resumed. After placing our lunch order, I steered the conversation back to business.

“As you know, I’ve been retained by O’Rielly Electronics to look into the shooting of Sean O’Rielly,” I began. “Some of the circumstances occurring here in Atlanta, and at Macon plant relating to the acquisition, and,… er, the closure of Smith Electronics may be related to the shooting.  I’m hoping that you can add some key perspectives to these events.”

“Certainly, I’d be happy to help in any way that I can. I’ve assembled some information about the employees you mentioned when scheduling our meeting. And I would like to add some insights about Sean O’Rielly.”

I glanced at the information. “Thank you, it looks very thorough. So, you’d like to provide some added information about Sean. When did you first meet him?” 

She explained that she met Sean at an industry trade show; her initial conversations with him began as friendly competitors commiserating over the tough economy and brainstorming on ideas to cut costs and find new markets. She had given him her cell number, and they had exchanged several calls about meeting or workshop schedules. But, after a while, LaTonya said that the tone of Sean’s calls changed.

“What do you mean?” I asked.

“Well, for one thing, he began texting, rather than calling. And he would suggest that we go somewhere else, away from the meeting, somewhere more private.”  LaTonya’s eyebrows rose to emphasize that last word. She shook her head when continuing as if trying to shed a bad memory. “When we would talk, he would slip in these,…these seemingly innocuous questions about my personal life. I kept bringing the discussion back to business issues, but he was persistent”

I probed for details.  “You described Sean as persistent,…what would he say? What did he do?”

LaTonya looked out the window at the Atlanta skyline for a moment, as she organized her thoughts.  “He was a real charmer, that inviting smile, those dimples, those blue eyes that seem to look right into your soul. We met at a cocktail hour late in the day. At first, I thought he was some salesman trying to pick me up, you know,…’what happens in ‘Frisco stays in ‘Frisco.’ He comes on so warm and inviting that you are just drawn in. And there’s these little comments, you know, innuendoes, that seem to have a double meaning.

“How so?” I asked.

“Like, ‘I can show you around, help you get ahead in the industry, there’s a special event in my room tonight, it’ll be a real career booster for you.’ Then he says he’s a former football player like I’m supposed to be impressed.” LaTonya glances over her shoulder and leans in lowering her voice so that it does not carry beyond the table.

“This is what he tells me like I’m some starlet from Podunk, and he’s going to give my career a real boost, …up on to his casting couch.” LaTonya’s voice now had an edge, more anger than emotion. “Come on! I wasn’t born yesterday. I’ve heard better lines from better men, and they’ve all been shot down. This girl’s worked too hard and paid too much dues to hop onto some horny toad’s slimy ole casting couch.”

“He was down to the Smith Macon Plant at least three or four times during the acquisition talks and sale transition, holding a management meeting each time. He seemed to like to joke around. And some of those jokes were sexual, or there were these sexual innuendos. You know,…some people describe things using sports metaphors, ‘the ball’s in your court,’ or ‘you’re part of the team.’  But Sean would use sexual metaphors to emphasize a point. Talking about a joint venture, he’d say ‘we’re going to get in bed together,’ or when the competition landed an order that we sought, he said that we got screwed by the competition. When you made a mistake, he labeled it with the “F” word. When he wanted to build excitement about a new product launch, his expression was let’s get a ‘hard-on’ about this.”

“Did anybody say anything, anyone complain?”   

“What can you say?  Who can you complain to?  He’s the guy that bought the company. You’re concerned about losing your job. The guys chuckled, the women just rolled their eyes and kept their mouths shut.”  LaTonya hesitated a moment, and a subtle triumphant grin came to her face. She added, “But when he tried that on me, one-on-one, I gave him an eye to eye glare and told him to stop it. And then one time he tried it again, so I walked away and saying, ‘I’ll finish this conversation when you ready to speak civilly.’”

LaTonya was on a roll, as one memory seemed to spark another. “Another time, he thought he was being cute and his fingers went to my breast.  In half a second, I had his thumb twisted backward so far that he fell back into his chair and rolled backward onto the floor.  I walked out of the room and didn’t talk to him the rest of the time he was in Macon.

LaTonya sat back, crossed her arms, and nodded affirmatively. “He didn’t know where to draw the line, so I drew it for him. After that, he behaved when he talked to me.”

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To the blog reader or podcast listener: For more insights on sexual or other forms of harassment, you are invited to check the Drawing a Line Blog or Podcast for other topics of interest. Thank you for your interest in the Drawing a Line blog and podcast. 

Photo credit: Pexels cottonbro.

Read about Workplace Bullying – Blog # 136 – 9/22/2024

Read about workplace bullying.

Drawing a Line author William S. Hubbartt has placed an article in the September 2024 issue #239 of The HRDirector, the only independent strategic HR publication for human resources professionals.

The article, entitled “The Untouchables,” examines the invidious effects of conflict and bullying that sour businesses with a toxicity that diminishes productivity and profits. 

In business and other organizations where a competitive environment produces executives who build their reputation by ramrodding results, the effect can lead to spent workers who are stepped on or stepped over in the name of results.

In most jurisdictions in the U.S. and abroad, workplace bullying has not been defined as an unlawful work practice. You are invited to read Hubbartt’s article which has been reprinted with permission of The HRDirector magazine, published by Pure Strategic Media, LTD. Link follows:

https://drawingaline175408723.wordpress.com/article-reprint-the-untouchables-appearing-in-the-september-2024-issue-239-of-thehrdirector-a-premiere-human-resources-publication-at-pages-40-41/

Recognizing Predatory Behavior – Blog #135 August 20, 2024

Recognizing Predatory Behavior

At the Drawing a Line Blog and Podcast, we are always on the lookout for valuable ideas to help individuals avoid or respond to sexual or other forms of harassment. We came across an article by Gershon Ben Keren, founder of an organization called SEPS which provides training and information on women’s self-defense including how to respond to sexual predators.

Sexual predators are skilled in getting you to trust them and to turn over control of the situation to them. Because sexual harassment, by definition is associated with a work relationship, the predatory behavior must be recognized and sorted out from customary work interaction.

Ben Keren cites author and security specialist Gavin De Becker in identifying seven behaviors that sexual predators use to control their targeted victims. When you can recognize the actions of a sexual predator, you can take evasive or preventative action to avoid being drawn into their control.

Charm & niceness. Predatory individuals learn how to use charm to appear nice in order to blind the target victim to their true motivation. If your customary hostile manager suddenly becomes nice, be alert to the purpose of this changed behavior.

Too much information. The predatory process of grooming the victim often includes weaving a story or coming up with an excuse designed to draw you into a compromising situation. This is done by disarming you and overloading you with too much information.  The predator seeks to deny you the space and time to consider your options by presenting their recommended course of action and convincing you to hand control of the situation over to them.   

Discounting your “no.” Predators test their mark by using skills commonly employed by experienced sales personnel. They already know your possible objections and offer reasons that have the effect of turning your “no” into a “yes.”

Typecasting. When you resist their entreaties, the predator will typecast you with challenge or insult that you are being paranoid, stuck-up, boring, or unadventurous.  The target’s typical reaction is to deny such conduct to prove the groomer wrong. He’s chipping away at your barriers.

Loansharking.  Another predator tactic is to make you feel indebted to them and owing a favor in return. Each element is designed to weaken your resolve until you come around to their way of thinking.

Forced Teaming. Sales people often look for a common element between you and them, such as a mutual acquaintance, fellow graduate of a university, or shared ethnicity, factors that make you alike in perspective and views moving you closer to agreement. You are more likely to trust people like you.

The unsolicited promise. When an individual makes a promise to you about an obvious concern that you may be thinking about but have not yet voiced, this is referred to as a sales closing technique called “closing the door behind you.” As an example, if you are interacting with a  person who makes a promise regarding our personal safety that you didn’t ask for, this should be your red flag to get out of the situation.  

So, what do you do if you are subjected to unwanted persuasion, harassment or discrimination?

We recognize that the persuasive and sales techniques described here are commonly used by many successful management personnel to achieve results in a business environment. But when such conduct deals with unwanted conduct or quid pro quo issues related to sex, the conduct may constitute sexual harassment.  

One response is to respond to the offender asserting that such conduct or behavior is inappropriate and should stop. 

In the event that you experience unwanted harassment, sexual conduct, or adverse discriminatory actions due to the various protected class bases, consider your options. While some individuals elect to engage in quiet or literal quitting, others choose to confront the offender or report the conduct to the employer. Also, you may elect to contact the EEOC or state fair employment agency. In addition, you may retain an attorney for advice on how to proceed with a harassment or discrimination complaint. 

Sources consulted

Women’s Self Defense | Rape & Sexual Assaults (womensselfdefense-seps.com)

Photo by Pexels