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BT Currents - Hot Topics in Employment Law

27 Sep Politics Aside, Lessons on Sex, Power & the Workplace

When you look beyond the politics, the personalities, and the brouhaha surrounding the nominee for the U.S. Supreme Court, there are valuable lessons for employers in their ongoing efforts to quell sexual harassment.   Even today, against the backdrop of #MeToo, harassment often goes unreported. Why?   Even though businesses reinforce anti-harassment policies, conduct training, and regularly investigate misconduct, employees hesitate to report bad behavior. Why?   The events of the last couple weeks offer some explanation. The first woman to make an accusation received death…

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29 May Workplace Culture 2.0: More Leadership, Less Management

Title VII is not a “civility code.”   Although the landmark Civil Rights Act of 1964 outlaws discrimination in the workplace, it does not outlaw bad behavior. It does not require us to each to treat coworkers respectfully. It does not compel us to be inclusive, or tolerant, or kind.   When the U.S. Supreme Court cautioned in a 1998 sexual harassment case that Title VII is not a “civility code,” it underscored the constraints of our country’s seminal anti-discrimination law. The law has its…

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06 Apr Sex, Power & the Workplace Responding to the Skeptics. Q &A: Part 3

Today, we’re talking about men and their fears in this #MeToo moment. In our continuing effort to answer sincere questions from skeptics, here’s another good one for consideration:   Why aren’t you talking about men’s fears? And what should men do?   This question was spawned after talking about women’s long-time fears of reporting harassment, including fears of retaliation and of not being believed. Today, men are worried too. Worried, for example, that they will be wrongly accused of something they don’t even remember, or…

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04 Apr Sex, Power & the Workplace Responding to the Skeptics Q&A: Part 2

Last week, we ventured into provocative questions surrounding the current emphasis on workplace sexual harassment. Our Q&A series continues:   Why are only rich men being sued for sexual harassment?   When I was presented with this precise question recently, I sensed a healthy dose of suspicion; that is, a tendency to believe that the women making these accusations are engaged in simple money-grab. Perhaps that is true; there are some who overreact to behavior that is neither severe, nor pervasive. But, our collective experience…

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31 Mar Sex, Power & the Workplace: Responding to the Skeptics

  For every believer, there is a skeptic.   For the better part of 25 years, I have been questioned and challenged about sexual harassment, leading (I hope) to my deeper understanding about the everyday difficulties of tackling workplace conduct. Recently, in the wake of speaking engagements, training sessions, and panel discussions, those questions have multiplied and accelerated. Most of them are thoughtful inquiries, and I never have enough time to answer them. Here are a couple questions that I keep hearing and my theories…

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