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The Legal Stuff
BT Currents - Hot Topics in Employment Law

18 Jun What will really move the needle in improving harassment prevention?

I just published an article in the Ohio State Bar Association Labor & Employment news examining which of the hot topics of discussion in the wake of #MeToo are likely to actually decrease workplace harassment.  The question is not whether it is a good idea to improve harassment prevention – even most employers that have done an excellent job complying with their legal requirements and promptly addressing complaints believe there is unreported harassment out there and they want to  find it.   The question is…

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31 May Simple Reminders For Developing Healthy Workplace Culture

All work environments develop their own workplace cultures, regardless of company size or industry. The role of culture, when consciously shaped and reinforced, is to bring consistency to the work environment through clear expectations.  Workplace cultures shape, reflect, and sustain business values and ethics, and condemn harassment and discrimination.  This is often accomplished through the physical environment of the office (i.e. open door policy); strong workplace policies prohibiting sexual harassment and discrimination; workplace training; and a complaints process that protects employees from retaliation.   Despite…

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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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26 Apr When Is A Sexual Harassment Policy And Training Ineffective?

As we continue our series on sexual harassment cases, here’s a play-by-play of a recent First Circuit case, Aggannis v. T-Mobile, USA, Inc.   A customer service rep (CSR) complains to her manager that her team “coach” made a sexual comment about her outfit.  Score for the manager who reports this to HR! HR follows up, but CSR says it’s no longer an issue; she stopped wearing the outfit and doesn’t want anything done.  HR drops it.  Tough call – management has an obligation to…

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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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