HR Forum: harassment

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Survey reveals doubts that businesses are doing enough to prevent discrimination and identity theft

Today's post comes from G.Neil's HR News Weekly:

According to a recent survey of 1,000 people for the Chubb Group of Insurance Companies, approximately one out of every three Americans has concerns that businesses are:

•    Protecting employees from gender discrimination – 30%
•    Guarding employees from other forms of workplace discrimination – 32%
•    Shielding consumers from theft of personal information – 32%

Chubb executives offered an explanation for the survey results, as well as precautions for businesses operating in such a legally sensitive and tech-driven environment.

Pointing out that a record-high number of discrimination charges have been filed with the EEOC, Catherine Padalino, vice president and employment practices liability product manager for Chubb, advised, “ … employers should continually review and adhere to anti-discrimination and anti-retaliation policies and procedures, keep abreast of changes in employment laws and seek outside counsel when facing discrimination charges or considering employee layoffs.”

Regarding potential cyber breaches, Tracy Vispoli, senior vice president and Chubb’s worldwide cyber security liability manager, shared, “A company’s board of directors needs to understand the risk associated with the theft of employee and customer information. This is more than just an IT issue. Although companies can help mitigate the risk by following best practices, they also need to have contingency plans in place before a data breach occurs.”

Train your staff to prevent harassment and protect your business from legal claims with Harassment-Free Workplace – Take Control, an easy-to-use, four-module DVD training program.

Top 3 employment law trends to keep on your radar

Running a business these days is certainly no picnic, thanks to the still-struggling economy and near-constant employment law risk. Management must maintain that perfect balance of awareness and action - or find themselves on the receiving end of a costly, potentially crippling lawsuit.

According to Shanti Atkins, Esq., president and CEO of ELT, the biggest employment law concerns plaguing employers today are:

1) Discrimination. And the claims aren't predominantly sexual harassment anymore, but also sexual orientation, religious and disability discrimination. Are your anti-harassment and anti-discrimination policies in order and, even more important, are you training your managers and staff - thoroughly and regularly?

2) Violence and bullying. Did you know that approximately 20 percent of all violent crime occurs in the workplace? This is no time to ignore bullying and other threatening behavior that could escalate into something more dangerous. Be on the lookout for early warning signs and encourage employees to report concerns immediately so that you can respond appropriately.

3) Wage and hour violations. Perhaps the biggest risk of them all, wage and hour class action lawsuits have expoded. In fact, these claims account for a whopping 84 percent of all employment class action lawsuits. Just as alarming, the Department of Labor (DOL) estimates that more than 80 percent of employers are out of compliance with federal and state wage and hour laws. Not knowing is no excuse. Make sure you're educated on the latest Fair Labor Standards Act (FLSA) guidelines and that you carefully explore any gray areas.

White House gets behind the issue of bullying and how to prevent it

Bullying has grown much bigger than a few mean-spirited taunts from kids on the playground. It has become a type of emotional and verbal warfare that is fought at any age, in any social circle and in virtually any setting (workplaces included). And sometimes the consequences are devastating, as we saw with the tragic stories in 2010 of beleaguered teens taking their own lives to escape the near-constant mocks and insults.

What’s even clearer is that bullying is not some sort of harmless “acting out” that can be brushed aside. Because of electronic mediums and networks like email, texting, Facebook, YouTube videos and more, bullying can become much more pervasive than we ever imagined. We even have a term for it: cyberbullying.

Putting some political muscle behind the issue, President Obama and First Lady Michelle Obama hosted the first-ever White House Conference on Bullying Prevention last Thursday, March 10. It brought together educators, experts, politicians and other concerned individuals to explore how bullying affects American communities and what can be done to minimize it.

"If there is one goal of this conference, it is to dispel the myth that bullying is just a harmless rite of passage or an inevitable part of growing up," Obama said in a speech.

So what about bullying in the workplace? Is it really that big a deal? Unfortunately, yes! And we’re learning that it’s just as likely to be delivered by females as it is men. According to a nationwide poll by the Employment Law Alliance, 45 percent of American workers say they’ve experienced workplace abuse, and 40 percent of these bullies are women (with women bullies picking on other women more than 70 percent of the time).

Left unchecked, bullying can deal a dangerous blow to workplace productivity, as well as the individual’s health, causing headaches, loss of appetite, high blood pressure, insomnia, depression and panic attacks.

To deal with being bullied at work, Dr. Michelle Callahan in an article at huffingtonpost.com recommends:

Don't get emotional. Bullies take pleasure in emotionally manipulating people. Stay calm and rational to diffuse the situation.
Don't blame yourself. Acknowledge that this is not about you; it's about the bully. Don't lose your confidence, or think you are incapable or incompetent. They are usually beating you at a mind game, not based on your actual work performance.
Do your best work. The bully's behavior will seem more justified if you aren't doing your best work, or if you do things like come to work late, take long lunches, turn in work late, etc.
Build a support network. Instead of allowing the bully to make you retreat into your office, work on building your relationships with your coworkers so that you have support and the bully doesn't turn them against you as well (although she will try and may even be successful).
Document everything. Keep a journal (on your personal computer or in writing, but never leave it in the office) of what happened when (and who witnessed it) so that if you need to escalate this problem to Human Resources, you have the information you need to make your case. Keep emails and notes.
Seek help. If you think you're being bullied, it's time to start talking to others who can help you manage this situation. Try a mentor, advocate, seasoned/experienced friend, even a legal advocate who specializes in bullying and inappropriate or discriminatory behavior in the workplace.
Get counseling. It will help you deal with the stress, especially if the bullying is already affecting your physical and mental health. You have to take care of yourself.
Stay healthy. Maintain a healthy and balanced lifestyle outside of work to help you cope with the madness at work. Work out, get a good night's sleep and eat a healthy diet.
Educate yourself. Learn everything you can about bullying, your company's policies on inappropriate behavior and occupational law regarding this kind of experience. The more you know, the better your chances of successfully dealing with this situation.
Don't expect to change the bully. Real behavior change is difficult and it takes time. You have no control over a bully's willingness to accept that they have a problem and to work on it. You can do your best to manage the situation, but it's really the company's responsibility to be observant and responsive to the needs of their workers and the general work environment.

Regarding the 10^th suggestion, there are many things you can do as an employer to support a more inclusive corporate culture and prevent bullying and other types of harassment. On-site training can go a long way toward spreading the message that workplace bullying will not be tolerated – at any time and in any form.

In a weak economy, discrimination charges strengthen

Not good. Not good at all. According to a wsj.com article, workers filed a record number of discrimination charges against employers last year. And once again, the strained economy is to blame.

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) climbed to nearly 100,000 – a 7% increase from the year prior and a 21% jump from 2007.

Joe Trauger, vice president of human-resources policy for the National Association of Manufacturers, a business trade group, explains:

"When times are good, people are happy and when they're not, they aren't. Anytime we go into a recession or the economy gets a little shaky the numbers seem to spike a bit.”

The fact that the EEOC has ramped up its budget and staffing may be contributing to the increase, as well. With more resources to work with, the agency is working harder to educate employees about their workplace rights while also making their services more user-friendly and accessible.

Apparently workers are getting the message. They’re quicker to recognize discriminating behavior and take legal action when they feel they’ve been wronged.

The message, then, for employers is to ensure a harassment-free workplace supported through clear workplace policies, strict adherence to anti-discriminatory labor laws, and ongoing employee and manager training.

Enforcement kicks into high gear - Don't leave your compliance efforts idling!

After shoring up their resources last year, the Equal Employment Opportunity Commission (EEOC) and Immigration and Customs Enforcement (ICE) are flexing their enforcement muscles ... and planning to pack a punch in 2011.

Increased staffing and a sharper focus on enforcement will mean more audits, more investigations into complaints and more inspections in the months ahead.

The EEOC, for example, received a record-high of 99,922 discrimination charges in 2010. Yet because of the EEOC’s expanded resources, the number of pending charges dropped by 14 percent. And that’s not all: Greater claim-processing procedures resulted in the EEOC collecting an all-time high of $404 million from employers last year.

ICE is making its presence known, as well. Last year, the agency conducted more than 2, 200 employer audits, which led to 180 criminal charges. And immigration enforcement continues to be a priority for the Obama administration, with ongoing goals to conduct on-site inspections (particularly businesses that employ workers with H-1B visas) and expose illegal hiring practices.

In light of these recent statistics, it’s never been more important to prevent harassment and discrimination in the workplace (via clear policies, legally sound actions and attitudes, and regular training) and to keep scrupulous I-9 records on all employees. Otherwise, you could find your company on the receiving end of a discrimination lawsuit or I-9 audit.

Stand up to workplace bullies

"Sticks and stones may break my bones, but words will never hurt me." If only that were true. As it is, words can be extremely hurtful, whether they're delivered by a surly schoolmate when we're young or a cocky coworker later in life.

According to a 2007 Zogby International survey, nearly 37% of workers (or about 54 million people), have been bullied or repeatedly mistreated at work. What’s worse, bullying is on the rise. ValueOptions®, an independent behavioral health and wellness company, reports a spike in people accessing the Employee Assistance Program (EAP) due to on-the-job bullying and other aggressive behavior.

“At work, bullying can be less obvious [then on the playground] and occur over a long period of time, resulting in extreme stress and anxiety for the employee,” says Rich Paul, vice president of Health & Performance Solutions at ValueOptions. The ongoing stress can lead to physical and mental health problems, a drop in job performance and more sick days away from the office.

The top five tactics used by workplace bullies are:

1. Falsely accusing someone of errors that weren’t made
2. Staring, intimidating or otherwise showing hostility
3. Discounting a person’s thoughts during a meeting
4. Using the silent treatment to isolate
5. Exhibiting unpredictable mood swings in front of a group

As with other forms of harassment, employers are responsible for taking a zero-tolerance position against bullying and just as important, educating employees on the words and actions that can get them in trouble. Prevent workplace bullying with Harassment-Free Workplace – Take Control, an engaging, easy-to-use, four-module DVD training program.

Does your harassment training cover mistreatment of men?

Workplace harassment can rear its ugly head in many different forms. The stereotypical image of harassment as the overbearing male boss making advances on a young, attractive female is a narrow-minded view. And if your training takes this same narrow-minded view, you could be tip-toeing around some legal landmines.

Take male harassment. Last year, the percentage of lawsuits the EEOC filed on behalf of male victims reached an all-time high – amounting to 14% of all cases.

A Seattle Times article explains:

While some cases allege harassment by female supervisors or co-workers, most charges involve men harassing other men. Sometimes it's unwelcome romantic advances. Other times, men are picked on because they are gay, perceived as being gay or not considered masculine enough for the work setting.

As the EEOC handles more lawsuits involving men, it’s also reinforcing the message that this type of harassment is unacceptable and unlawful. Case in point: Last November, the Cheesecake Factory agreed to pay $345,000 to six male employees who claimed they were sexually assaulted by a group of male kitchen staffers at a Phoenix-area restaurant.

Another case in point, this time involving women making unwanted advances toward men: Last year, the Regal Entertainment Group agreed to pay $175,000 to a male employee who claimed a female co-worker repeatedly grabbed his crotch.

While male victims may be less inclined to come forward with their harassment claims for fear of being judged or ridiculed, they shouldn’t be expected to suffer in silence either.

“All sexual harassment victims feel humiliated, lacking control and power," says Mary Jo O'Neill, a regional attorney in the EEOC's Phoenix District office.

How inclusive is your harassment training? Are you taking a broad view of every type of harassment that can surface in your workplace? And more important, are you educating your staff on the attitudes and actions against women and men that can get them in trouble?

Same-sex harassment complaints growing

Dillard’s, Inc. will pay $110,000 and provide significant remedial relief for a same-sex harassment suit in Florida, according to an announcement from the Equal Employment Opportunity Commission (EEOC) last week.

The EEOC claimed that Dillard’s violated Title VII of the Civil Rights Act by permitting a sexually hostile work environment for men at its Fashion Square Mall store in Orlando, Fla. The EEOC charged that a male sales associate and a young dockworker were verbally and sexually harassed by a male supervisor.

The workers accused their supervisor of exposing himself in front of them, making sexual propositions, and making sexually explicit and derogatory comments. According to the EEOC, Dillard’s store managers ignored complaints made by the workers about the harasser.

Dillard’s argued that the store wasn’t liable because the supervisor had been fired and had an anti-harassment policy in place. The court rejected that argument and “found that Dillard's anti-harassment policy could not absolve it of liability if the policy hadn’t been effectively implemented.” (Business Management Daily)

“The EEOC will hold corporate America accountable for failing to prevent and correct employment discrimination,” said Commission Acting Chairman Stuart J. Ishimaru. “Sexual harassment charge filings by men have trended upward over the past decade. Employers must be more vigilant in ensuring that men are not subjected to sexually hostile workplaces.”

In addition to paying $110,000 to the two male victims, the Dillard’s Fashion Square Mall store must:

distribute policies to the workforce on preventing sexual harassment and retaliation;
conduct sexual harassment and anti-discrimination training for all employees;
train employees who are responsible for investigating sexual harassment complaints;
submit to monitoring throughout the decree’s three-year duration;
and post a notice about the resolution of the case.

“Employers must diligently enforce policies to prevent sexual harassment and ensure that managers take same-sex harassment complaints seriously. It is vital to protect both men and women from workplace harassment,” said EEOC Miami Regional Attorney Nora Curtin.

The number of sexual harassment charges filed with the EEOC are up 11% from last year and at the highest rate since 2002. Sexual harassment charges filed by men make up 16% of total charges, a figure that once stood at 12% in the late 1990s.

Sexual harassment is sexual harassment no matter if it’s male-on-female, male-on-male or female-on-female. Even if the harassment doesn’t look exactly like what was taught in the training video, it should still be handled with the same sensitivity and diligence that would be given in any “normal” situation.

According to Mindy Chapman, Esq., of Mindy Chapman & Associates, in a recent Business Management Daily article, companies can learn three major lessons from this case:

Train “it.” Anyone designated in your anti-harassment policy’s reporting procedures needs to know they could be tagged “it” with a complaint. Train them so they know “it.”

Script “it.” The store manager should have responded by saying, “Thank you for letting me know. You are important to us at Dillard’s. I will help you immediately.” Then he should have, in the next breath, contacted the district manager.

Stop “it.” The manager had an obligation that if he saw “it,” heard “it,” or heard about “it,” he should have stopped “it,” but never ignored “it."

Use sexual harassment training as prevention, not punishment

Cracker Barrel Old Country Stores, Inc. will pay $255,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Opportunity Commission (EEOC), the agency announced Thursday April, 9.

Cracker Barrel, based out of Lebanon, Tenn., had allegedly turned a blind eye to repeated sexual harassment incidents at its Cedar Bluff, Tenn. store location. The EEOC lawsuit claims that male managers and other employees made repeated and unwanted sexual jokes and lewd remarks to women.

When the women complained about the sexual harassment to the managers and made calls to Cracker Barrel’s compliant line, the company failed to take any action to stop the harassment.

The company failed to take any action to stop the harassment, even after the women complained about it to managers and to the company’s complaint line, according to the lawsuit.

Under the terms of the settlement, Cracker Barrel must:  

Modify its policies and practices regarding the investigation of sexual harassment claims,
Conduct annual training on sexual harassment and retaliation for all employees for a period of three years
Maintain and report complaints of harassment received for three years
Post the company’s sexual harassment policy and a statement it will investigate anonymous claims of sexual harassment.

Instead of having sexual harassment training be a punishment for your organization, make it a part of your company culture. Empower every employee with the promise that every sexual harassment claim will be taken seriously and that each case will be fully investigated.

Incorporate sexual harassment training into an overall harassment prevention program at your organization to ensure every employee, including managers and supervisors, know how to recognize and prevent harassing behavior.

Unfortunately, many of your employees may be engaging in or condoning sexual harassment without even realizing it. G.Neil’s Harassment-Free Workplace -- Take Control training program helps employees understand how they can “pause, fast forward, rewind and stop” to take responsibility for their own actions.

Lacking anti-harassment policy, New Jersey employer liable

In a recent court decision, New Jersey employers may be held liable for negligence for an employee’s sexual harassment by a coworker if the business lacks effective anti-harassment policies, even if the employer was unaware of the situation.

The decision in Cerdeira v. Martindale-Hubbell is the first of it’s kind in New Jersey. The court’s ruling makes it fully clear that New Jersey employers can be liable for coworker sexual harassment in “the absence of an anti-harassment policy with effective preventative mechanisms.”

The state’s highest court advises employers wanting to avoid sexual harassment to put five elements in place:

An anti-harassment policy
A complaint structure that allows for formal and informal complaint procedures.
Training that is offered to all members of the organization, but mandatory for supervisors and managers.
Effective monitoring mechanisms, to determine whether the complaint structure is trusted.
“An unequivocal commitment from the top that is not just in words but backed up by consistent practice.”

In 2007 there were 12,510 reported cases of sexual harassment resulting in almost $50 million in monetary benefits for charging parties (not including monetary benefits obtained through litigation), according to the U.S. Equal Employment Opportunity Commission.

“Prevention is the best tool to eliminate sexual harassment in the workplace,” according to the EEOC.

Visit G.Neil’s HR Library for more information on how to handle workplace diversity, discrimination and harassment.

When domestic violence enters the workplace

From faltering stocks on Wall Street to dwindling housing markets, the economy has been the latest major distraction for American workers. More serious than just lost productivity, a rise in domestic violence has been one of the most unsettling effects of a bad economy on the workplace.

“A correlation between the economy and domestic violence makes complete sense to most counselors and professionals who work with troubled people: when they economy falters, domestic violence rises. Money is one of the most disputed family issues in the best of times, but when pressures mount - job loss, home foreclosures, increased costs of living - frayed tempers often give way to violence,” according to Julie Ferguson at HR Web Cafe.

Domestic abuse is to blame for close to 8 million lost workdays, an amount equal to 32,000 full-time jobs, according to CDC studies.

Employers should be especially concerned with the rise in domestic violence. Beyond the effect it may have on worker productivity, employers may be held liable for dismissing the signs of domestic violence in the workplace.

In 1994 the case of La Rose vs. State Mutual Life Assurance Co., Francesia La Rose’s family members filed a wrongful-death suit against her employer after she was murdered by a former boyfriend at work. The family claimed her employer failed to protect La Rose after knowing about the threat. State Mutual Life Insurance settled for $350,000.

Laws regarding employers’ responsibilities in cases of domestic abuse differ from state to state, so seek the advice of legal professionals in your area for laws specific to your state.

Employers should be trained to be aware of the warning signs in potential domestic abuse victims and have a policy that allows abused employees to take paid time off, according to Denise Curran, a psychotherapist at ComPsych on Human Resource Executive Online.

As part of the company policy, Curran also recommends that abuse victims be connected with an employee assistance program that provides counseling and victim resources.

“For many victims, however, admitting their abuse to co-workers or managers may not feel natural. Curran says companies can gain the trust needed to achieve such a confession by running a training program on the topic and showing that anyone who steps forward will be treated with support, not scrutiny. Oftentimes, once employees take part in the training program, they may go to their EAP counselor on their own to admit they are being abused, [Curran] says.”

‘Encouraged’ nudity grounds for harassment?

On August 27th, employees at Lush stores across the country and overseas were "encouraged" to come to work nude to protest the overpackaging of so many consumer goods.

From a Lush press release -

New York, NY – Wearing nothing but aprons reading “ASK ME WHY I’M NAKED”, employees of LUSH Fresh Handmade Cosmetics will lead a cheeky protest urging shoppers to go ‘naked’ by purchasing products free of packaging. The brave shop workers will educate passers-by on the devastating environmental impact of packaged goods sold in cosmetic shops, supermarkets, and other retailers.

Could encouraging your employees to come to work in the nude be considered harassment? It depends.

One attorney I spoke to asked if it were a quid pro quo situation ... (in other words, were their jobs connected to participation in the nude workday?)

At this point, I have no way of knowing if their job was directly dependent upon participation. But there are more subtle forms of quid pro quo harassment than an outright demand which could push someone into participating because of perceived risks of refusing. Peer pressure or culture of compliance on the job are also powerful tools for "forcing" someone to go along.

The event could also be considered a subtle form of sexual harassment, if it created a sexually charged or hostile environment. Characteristics would of this would include:

unfulfilled threats to impose a sexual quid pro quo;
discussing sexual activities;
telling off-color jokes;
unnecessary touching;
commenting on physical attributes;
displaying sexually suggestive pictures;
using demeaning or inappropriate terms, such as "Babe";
using indecent gestures;
granting job favors to those who participate in consensual sexual activity;
using crude and offensive language.

Would encouraging nakedness at work fall into a sexual activity category? It would seem that it could be so. If displaying sexually suggestive pictures is harassment, wouldn't nudity in the workplace be even a step beyond that?

What are your thoughts on it?

Employees agree diversity is key to success, but still needs work

While most employees believe that a diverse workforce contributes to the success of their organization, many have experienced some form of workplace discrimination and feel that their employers publicize diversity more than it’s actually implemented.

The majority of workers (61 percent) agree that having a diverse workforce makes their organization more successful, but almost half of all employees (47 percent) have felt discriminated against at the office, citing age as the top form of workplace discrimination. The findings are from Workplace Insights, a survey conducted by Adecco USA, which took a close look at how Americans think about diversity in the workplace.

Age discrimination was the top reported form of workplace discrimination (52 percent), followed by gender (43 percent), race (32 percent), religious (9 percent) and disability (7 percent).

American workers are skeptic when it comes to their company’s diversity initiatives, with the vast majority (78 percent) of workers feeling that companies talk more about having a diverse workforce more than they practice it.

With true diversity, Americans feel like they would get more done at work. The majority (53 percent) believe that the more diverse their workforce is, the more productive they would become.

Most American workers reported that having a diverse workforce is a top priority for their employer, but only one-third believe that corporate America has achieved total workplace diversity.

To better the workforce outlook, Adecco suggested that top executives make commitment to diversity their top priority. Companies looking to strengthen their diverse workforce should gain commitment from senior managers, engage employees in the process, support local diversity groups, provide diversity training and promote open lines of communication.

Read the full Adecco press release.

Four simple tips to avoid labor law poster scams

Keeping up with required federal and state labor law poster changes is a challenge for most businesses. Finding the time to research which posters are mandatory and where to get the posters you need adds to that challenge.

Mandatory posters come from different government agencies and there is usually no notification of poster changes. To make things tougher, deceptive marketing tactics and labor law poster scams attack businesses whenever there is a change in labor laws.

Businesses that don't maintain the correct set of posters may face hefty government fines for noncompliance.

Reputable third-party poster services save businesses valuable time and give businesses the assurance that they are in complete compliance with federal and state laws.

Ashley Kaplan, G.Neil’s very own Compliance Attorney, was interviewed for a recent article in the Jacksonville Business Journal on how to help businesses sidestep deceptive poster providers.

Here are Kaplan's four simple tips to avoid labor law poster scams and choose a poster service provider that is right for your business:

Check with the Better Business Bureau to verify that the seller you are considering has a superior track record.
Be sure the business you choose to buy posters from completely understands federal and state laws, and employs labor law attorneys to interpret legal changes.
Ask for written assurance that the posters meet exact agency requirements for font size, poster size, color and layout.
Only buy from a provider that guarantees protection from fines.

To be sure you are in complete compliance of all federal and state laws visit http://www.freeposteraudit.com/.

Workplace bullying: More than just a tough boss

Workplace bullying is repeated, health-harming mistreatment in the form of verbal abuse and offensive conduct or behaviors, according to the Workplace Bullying Institute. The wounds from bullying can run deep, even deeper than sexual harassment in the workplace.

Results from a 2007 Workplace Bullying Institute survey of American workers found that:

37% have been a victim of bullying
49% have experienced or witnessed bullying at work
32% occurs behind closed doors
50% and more involves targets being publicly humiliated

Another survey by Zogby International discovered that women account for 40 percent of workplace bullies. Over 70 percent of the time, women bullies will target other women.

Researchers also found that workplace bullies tend to be supervisors, but just because a boss is tough, doesn’t always make them a bully.

A tough boss will motivate an employee through constructive criticism and will challenge their teams to work harder in order to achieve goals. A bully would belittle a worker by constantly reminding them of mistakes and insult their work.

Currently there are no anti-bullying state laws protecting workers, it is left up to the businesses to combat workplace bullying before it ever begins.

One public relations firm in Chicago has strict rules prohibiting office gossip. The boss has fired three employees who failed to follow the rules of not talking behind the backs of clients or coworkers, inside or outside of the workplace.

The first step to prevent workplace bullying is to develop a policy that outlines unacceptable behavior and the consequences of bullying behavior. Every company is different and should adopt bullying policies and procedures that fit their unique culture.

Workplace weight discrimination rivals racial bias

Discrimination against overweight and obese people is as common as racial discrimination, according to a study by the Rudd Center for Food Policy & Obesity at Yale University.

Overweight women, in particular, report weight discrimination twice as often than overweight men in the workplace.

“These results show the need to treat weight discrimination as a legitimate form of prejudice, comparable to other characteristics like race or gender that already receive legal protection,” said Rebecca Puhl, research scientist and lead author of the study, which appears in the March 4, 2008 issue of the International Journal of Obesity.

The study compared self-reported weight discrimination to experiences of discrimination based on race and gender among a nationally representative sample of adults between 25 and 74-years-old.

Findings also reveal that women are twice as likely as men to report weight discrimination. Women also reported that weight discrimination in the workplace and interpersonal mistreatment due to obesity is common.

Currently, Michigan is the only state that includes weight and height in its anti-discrimination law.

Without any specific protections in state law, people claiming discrimination must show in court that their obesity is a type of disability, protected under state anti-discrimination law, according to Lillian Mojica, G.Neil Research Attorney.

Workplace bullying more harmful than sexual harassment

Workplace bullying may inflict more harm on employees than on-the-job sexual harassment, according to a recent research study. Researchers presented their findings earlier this month at the Seventh International Conference on Work, Stress and Health.

Bullying includes persistently criticizing employees’ work, yelling, repeatedly reminding employees of mistakes, spreading gossip or lies, ignoring or excluding workers, and insulting employees’ habits, attitudes or private life.

Both sexual harassment and bullying will create negative environments at work, but bullying may create the most negative of the two. Employees who experienced bullying were more likely to quit their jobs, have lower well-being, be less satisfied with their jobs and have less satisfying relations with their bosses than employees who were sexually harassed, according to the researchers.

Bullied employees also reported more job stress, less job commitment and higher levels of anger and anxiety.

“Bullying is often more subtle, and may include behaviors that do not appear obvious to others," said lead author M. Sandy Hershcovis, PhD, of the University of Manitoba. “For instance, how does an employee report to their boss that they have been excluded from lunch? Or that they are being ignored by a coworker? The insidious nature of these behaviors makes them difficult to deal with and sanction.”

How do you deal with and document harassment in the workplace? The “Ask an HR Expert” section of G.Neil.com answers the question.

First, take a preventative stance and have a strong “zero-tolerance” harassment policy. Train managers and employees on the specifics of your policy. If harassment does occur, start an investigation immediately.

See the full entry.

Workplace harassment and civil rights, comply or pay

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of a race and national origin harassment lawsuit for $1.9 million against Allied Aviation Services, Inc. The lawsuit was on behalf of African American and Hispanic workers who were targets of racial slurs, graffiti, cartoons, and hangman’s nooses at a the Dallas/Ft. Worth airport. Read the full press release.

According to the EEOC’s charges, African American and Hispanic employees of Allied were verbally harassed in a racially hostile work environment on a daily basis. The harassment included racial graffiti, clearly visible on fuel tanks, employee restrooms and written on aircrafts. A manager kept an offensive cartoon, belittling a Hispanic worker, under glass on their desk for months. In addition to those offenses, an employee in a mixed race marriage was subjected to racial abuse.

“It is appalling that racial harassment remains a persistent problem at some job sites across the country in the 21st century, more than 40 years after passage of the landmark Civil Rights Act,” said EEOC Chair Naomi C. Earp. “Employers must be more vigilant and make clear that race discrimination, whether verbal or behavioral, has no place in the contemporary workplace.”

Title VII of the Civil Rights Act bans discrimination in any aspect of employment because of a person’s race, color, religion, sex, or national origin. It covers employers with fifteen or more employees, but many states have comparable laws covering companies with fewer employees.

In “Workplace Danger: Harassment,” the rules regarding Title VII are explained further along with ways to stop harassment now in your workplace.

Can The "I Know It When I See It" Test Be Applied to The Dress Code?

In 1964, Justice Potter Stewart tried to explain "hard-core" pornography, or what is obscene, by saying, "I shall not today attempt further to define the kinds of material I understand to be embraced...but I know it when I see it..."

Now, you're asking, what does porn have to do with my office?

Ever come across an employee that seems to dress just a little too sexy, or has a few too many holes on their face to be dealing with the customers, or is dressed for a day at the ballpark instead of the office park? You review your company dress code and discover that, technically, there are no rules being broken. You've added a general catch-all for "inappropriate attire" to your formal policy, but how do you define it? Return to Justice Stewart..."I know it when I see it."

One of your employees keeps walking back and forth to the copier in her form-fitting dress and spiked heels, causing raised eyebrows from some and lascivious leers from others. In the same department, another employee wears a similar outfit - yet with a different fit and figure, doesn't cause a stir. There is nothing in either case that would technically violate the dress code, item by item - and only one of the ladies is creating a distraction and making people feel uncomfortable. And there is nothing in your policy that specifically spells out what constitutes "inappropriate attire." Does "I know it when I see it" allow you to address the one employee?

Bigger question: can you or should you address only the one causing the stir; or does it create a fairness issue with regards to the other employee not being addressed?

Workplace Harassment or Compliment?

A colleague of mine was recently presented with a hypothetical situation on her group message board:

A woman walks into work and a male mid-level manager, from another department, smiles and says "good morning." She later gets a voice mail message from him saying "you know, I hope this doesn't offend you, but i just wanted to say you have a nice smile and it really started my day off on a positive note."

I've always thought that in order for a comment to be considered harassment,
a) the receiver has to say "no" in some way - no response constitutes acceptance of the comment.
b) the commentor must continue to make such comments.
c) as long as the comment is not job-related and commentor has been asked to stop, this could be construed as harassment.

Would this exchange constitute harassment?

The quick response is no, it does not.

The reason is not so quick:

This exchange, alone, does not amount to illegal workplace harassment. For workplace harassment to be illegal under federal law, the person who has been offended must prove three things:

1) The harassment must be based on a characteristic protected by law (e.g., gender, race, color, religion, national origin, age or disability). A comment that is sexual in nature usually satisfies this requirement.

2) The harassment must be "unwelcome." "Unwelcome" means the person regarded the conduct as undesirable and did not solicit or incite the conduct. A person is not required to complain or say anything at all to satisfy this requirement, but the reaction will be examined as evidence of whether it was welcomed or not. (As a separate issue, a company can escape liability for a manager's harassment in some cases if the company has a policy in place encouraging employees to report harassment and an employee fails to do so.)

3) The harassment was sufficiently "severe or pervasive" to create a hostile, intimidating or offensive work environment, to unreasonably interfere with a person’s work performance, or to otherwise adversely affect the terms, conditions or opportunities of a person’s employment.

In this scenario, the conduct is not sufficiently "severe or pervasive" to meet the third part of the test. The EEOC maintains that anti-discrimination statutes are not a "general civility code." Federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. This type of conduct may be inappropriate and should be discouraged by the employer's zero-tolerance harassment policy, but it is not illegal.

How would you have handled it, if the person had complained to you?

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