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Contemporary Workplace Issues:

Harassment in the Workplace

What is the definition of "Harassment in the Workplace"?

Sources

  • https://www.dol.gov/oasam/programs/crc/2011-workplace-harassment.htm
  • http://www.engagepeo.com/harassment-claims-rise-workplace
  • http://www.nolo.com/legal-encyclopedia/workplace-retaliation-employee-rights-30217.html
  • https://www.eeoc.gov/eeoc/newsroom/release/
  • https://www.eeoc.gov/eeoc/newsroom/release/3-13-17a.cfm
  • https://www.eeoc.gov/eeoc/newsroom/release/3-3-17a.cfm
  • http://www.aware.org.sg/training/wsh-site/14-statistics/
  • http://www.employmentadvocacy.com/blog/2015/february/the-effects-of-sexual-harassment-in-the-workplac.aspx
  • http://d2t1lspzrjtif2.cloudfront.net/wp-content/uploads/AWARE_Research_Study_on_Workplace_Sexual_Harassment.pdf
  • https://www.state.gov/s/ocr/index.htm
  • https://www.state.gov/s/ocr/c14800.htm
  • https://www.state.gov/s/ocr/c24959.htm
  • https://www.state.gov/s/ocr/c24975.htm

Important Statements to Take In

"Women in the workplace deserve to advance as far as their talents and abilities take them without having the artificial barrier of sex stereotypes forced upon them," said EEOC Tampa Field Director Evangeline Hawthorne.

EEOC Miami District Office Regional Attorney Robert Weisberg added, "Employment decisions should be based on true qualifications, not stereotypical ideas of a candidate's qualifications......"

Nestlé Waters North America to Pay $300,000 to Settle Sex Discrimination Lawsuit

  • Tampa, Florida
  • Nestlé Waters North America is a Stamford, Conn.-based division of Nestlé Waters
  • World's largest bottled water company
  • Will pay $300,000 and furnish significant relief to resolve a sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC)

  • Nestlé violated federal anti-discrimination laws when it failed to select Dawn Bowers-Ferrara, a 20-year Nestlé veteran finance and budgeting manager to the position of Florida Zone business manager because of her gender.
  • selected a male employee, even though he failed to meet the MINIMUM requirements for the role according to Nestlé's own job description.
  • Terminated Bowers-Ferrara's employment because of a "consolidation"

Recent Examples, Cases, Real Life.

Nestlé Waters North America to Pay $300,000 to Settle Sex Discrimination Lawsuit

When is Retaliation Prohibited?

EEOC Sues CRST for Disability Discrimination and Retaliation

Federal law protects employees from retaliation when employees complain.

  • internally
  • outside body
  • Equal Employment Opportunity Commission

Is harassment on the rise or decline?

What is the Protection of the Employee?

Currently, harassment is on the rise and it represents 30% of all charges received by the Equal Employment Opportunity Commission every year.

Definition according to the industry

Under federal law and Department of Labor (DOL) policy, harassment by DOL employees of DOL employees based on race, color, religion, sex (including gender identity and pregnancy), national origin, age, disability, genetic information, sexual orientation, or parental status is prohibited.

The Department of Labor does not permit harassing conduct by anyone in the workplace, including contractors.

Economic affects i.e., cost to the employer

Physical Health

  • mental and emotional problems leads to physical health issues
  • loss of appetite headaches
  • weight fluctuations
  • sleep disturbances
  • hormonal imbalance
  • increased risk of high blood pressure
  • weakened immune system
  • Emotional Well-Being
  • Physical Health
  • Financial Challenges
  • Global Consequences

Emotional Well-Being

Financial Challenges

  • jeopardize the victim's emotional and mental health
  • loss of self-esteem
  • compromise personal relationships
  • significant stress and anxiety
  • long-term clinical depression
  • employment harassment lawyer
  • Important to tell your sexual harassment attorney
  • lost wages
  • unpaid leave
  • broader career repercussions
  • loss of job references
  • Avoid a hostile work environment
  • leave their current position or employer

Global Consequences

  • Direct effect on employers
  • millions are lost due to absenteeism
  • low productivity
  • employee turnover
  • low morale
  • legal costs stemming from sexual harassment
  • Economy
  • Premature retirement
  • Higher insurance costs

Retaliation

When an employer punishes an employee for engaging in legally protected activity.

Includes any negative job action:

  • demotion, discipline, firing, salary reduction, or job or shift reassignment.

Reward

Nestlé Waters North America to Pay $300,000 to Settle Sex Discrimination Lawsuit

Important Statements to Take In

"Laferriere did the right thing by disclosing that he used a service dog due to disabilities to the CRST recruiter before leaving for the driver's certification course," said Julianne Bowman, district director for the EEOC's Chicago District office, which investigated the charge of discrimination.

"The use of a trained service dog can be a reasonable accommodation. Employers must provide reasonable accommodations to an employee with a disability."

"CRST's refusal to accommodate Mr. Laferriere is an example of the hardships that returning veterans with disabilities can face as they seek to reintegrate into civilian life. Those challenges are hard enough without an employer denying someone a job simply because he needs a service dog, as so many do."

$300,000 in monetary relief, the three-year consent decree resolving the suit also REQUIRES Nestle to provide her with 12 months of outplacement services.

EEOC Sues CRST for Disability Discrimination and Retaliation

Percentage of harassment cases

Hire Laferriere and to pay him appropriate back pay and front pay, as well as compensatory and punitive damages.

  • Common in the workplace (Sexual Harassment)
  • 54% (272) had experienced some form of workplace sexual harassment
  • 27% of the 272 respondents experienced harassment by their colleague, while 17% were harassed by their superior.
  • 79% of the victims are women; 21% were men
  • 12% had received threats of termination if they did no comply with the requests of the sexual harassers

Percentage of Harassment Cases

  • 66.6% were not aware of any policies
  • 50.4% were aware of a department or resource person
  • Almost 7 out of 10 people were not aware of any sexual harassment policies in their workplace
  • Employees are either not being protected
  • Are not aware of any protections in place

Percentage of harassment cases

  • Industries with high levels of sexual harassment incidents
  • Business, trade, banking, and finance
  • Sales and marketing
  • Hospitality
  • Civil Service
  • Education, lecturing, and teaching

Sexual Harassment Policy

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

  • An employment decision affecting that individual is made because the individual submitted to or rejected the unwelcome conduct, or
  • The unwelcome conduct unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or abusive work environment

EEOC Sues CRST for Disability Discrimination and Retaliation

Current Policy is it clear?

  • Sexual Harassment Policy
  • Discriminatory Harassment Policy
  • Reasonable Accommodation Policy

Discriminatory Harassment Policy

  • The Department of State is committed to providing a workplace that is free from discriminatory harassment. Employees must not harass anyone because of race, color, gender, national origin, religion, physical or mental disability, sexual orientation, or because the person is 40 years old or older. Employees also must not harass someone for opposing discrimination or for participating in the discrimination complain process.

  • All Department employees, including but not limited to staff, supervisors, and senior officials, must comply with this policy. All employees are also expected to take appropriate measures to prevent discriminatory harassment. Employees who believe they are being harassed for one of the reasons listed above or who witness potential harassment are encouraged to report the offending conduct so that it can be stopped before it becomes severe or pervasive and rises to a ssible violation of law.

Reasonable Accommodation Policy

  • It is the policy of the U.S. Department of State to comply fully with the requirements of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 791 et seq. The Equal Employment Opportunity Commission (EEOC) has issued regulations at 29 C.F.R. Part 1630 implementing the provisions of the law for federal agencies.

  • If you require a reasonable accommodation as an employee with a disability or as a qualified applicant with a disability, please contact the Disability and Reasonable Accommodations Division in the Office of Accessibility and Accommodations, Bureau of Human Resources (HR/OAA/DRD) at ReasonableAccommodations@state.gov.

  • If you as a qualified employee or applicant for employment with a disability believe you have been denied a reasonable accommodation, please contact the Office of Civil Rights at (202)647-9295 within 45 days of the denial of the request for reasonable accommodation.
  • Jacksonville, Florida
  • CRST Expedited Inc.
  • national trucking company
  • Leon Laferriere is a veteran who uses a trained service dog to help control anxiety and to wake him from nightmares caused by post-traumatic stress disorder.

  • Admitted to the truck driver training program, but prior to leaving for to begin it, Laferriere disclosed his disabilities and use of a trained service dog
  • Laferriere successfully completed the training program, but was DENIED advancement to orientation and additional on-the-road training.
  • CRST's "no pet" policy
  • Denied hire
  • CRST denied Laferriere's request for accommodation, CRST developed a new "Service Dog Process" to address accommodation requests seeking the use of a service dog.
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