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Employee Relations

OK to punish worker acting alone to end alleged harassment

09/01/2007

When it comes to sexual harassment, employers need a clear policy and a process that allows employees to come forward with claims. That’s really the only way an organization can protect itself. But what if an employee who thinks he’s being harassed ignores your policy and acts alone to contact the alleged harasser anonymously? If this “self-help” seems to threaten the alleged harasser, you can punish the employee without worrying about liability …

Independent inquiry saves the day on supervisor harassment

09/01/2007

Employers can fairly easily limit their liability in sexual harassment cases. Rigorously enforcing a solid harassment policy does the trick. But supervisor harassment is another matter. When a supervisor allegedly harasses a subordinate, the employer is liable unless it can show that some “tangible employment action” by the supervisor didn’t adversely affect
the victim …

Keep written records showing discipline rationale

09/01/2007

The decks are stacked against employees who claim retaliation when there is no direct evidence of discrimination—if employers keep complete written records of their disciplinary actions. Those cases often hinge on allegations the employer trumped up disciplinary charges to cover up retaliation. That can be difficult for an employee to prove if there is a solid paper trail documenting the employee’s infractions and the resulting discipline …

Detailed investigations help distinguish punishments

09/01/2007

If you have a disciplinary policy that dictates punishment for different infractions, make sure you thoroughly investigate each incident. That way, you’ll be better prepared to show why one employee received a lesser punishment than another. That rationale is crucial when it comes to a discrimination lawsuit. You must be prepared to show how thorough your investigation was and why you did what you did …

‘Keep it confidential’ may let employers off liability hook

09/01/2007

You have a robust sexual harassment  policy, and everyone from the lowest level employee to the company president knows how it works. But what happens if an employee tells a supervisor about possible harassment and then asks him or her not to take it up with HR? …

Good news: Discussion of discipline that doesn’t name names is not defamation

09/01/2007

Supervisors can discuss discipline with co-workers if the situation warrants and not fear a defamation lawsuit. As long as the discussion is necessary for a legitimate business reason, such as preventing workplace violence or squelching rampant and erroneous rumors, the employer won’t be liable. Otherwise, mum’s the word …

Porn at work: Don’t get into debate over what is ‘Too much’

09/01/2007

When an employee says no to the sexual images posted in co-workers’ workstations and to their sexually laced comments, your company had better listen … and act. It shouldn’t debate over “how much” porn is acceptable. As a recent lawsuit shows, even if an employee initially tolerates a sexually charged workplace, she can drop the lawsuit hammer at any time …

How to deal with unauthorized overtime

09/01/2007

Q. We have a “no overtime without approval” policy. If employees put down overtime on their time sheets, do we have to pay it if the extra time isn’t approved? —A.W., Oregon …

Don’t Ignore—or Make Light of—Harassment Complaints

09/01/2007

Remind supervisors, managers and HR staff: Don’t brush off or make light of sexual harassment complaints. Doing so can just add more fuel to the fire. When employees are ignored, they may begin to see every slight that comes their way—getting the cold shoulder at meetings or missing out on promotions—as retaliation for voicing their concerns about sexually hostile behavior. And that can make them much more likely to file lawsuits against your company …

HR investigations must go beyond supervisor suggestions

09/01/2007

When it comes to determining employee wrongdoing and setting punishment, it’s essential to use a  complete and independent investigative process. Otherwise, the company can wind up being responsible if it turns out that a supervisor who was “out to get” an employee—perhaps in retaliation for filing a discrimination claim— trumped up performance problems or other employee deficiencies …