Remington - Sexual Harassment - Florida MGMA · 2019-06-07 · Harassment can include “sexual...
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6/7/2019 1 In addition to being General Counsel, Amie is a regular speaker at national and state‐wide events, discussing all aspects of employment law that affect all employers. Amie Remington LandrumHR General Counsel LandrumHR is a full‐service PEO firm offering human resources solutions to busy business owners: About Your Presenter • HR • Payroll • Benefits • Risk Management • Workers’ Comp • HR Consulting & Training Learn more at LandrumHR.com Their time is up! Presented by Amie Remington, Esq. General Counsel for LandrumHR 1 2
Transcript of Remington - Sexual Harassment - Florida MGMA · 2019-06-07 · Harassment can include “sexual...
6/7/2019
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In addition to being General Counsel, Amie is a regular speaker at national and state‐wide events, discussing all aspects of employment law that affect all employers.
Amie RemingtonLandrumHR General Counsel
LandrumHR is a full‐service PEO firm offering human resources solutions to
busy business owners:
About Your Presenter
• HR • Payroll• Benefits • Risk Management• Workers’ Comp • HR Consulting & Training
Learn more at LandrumHR.com
Their time is up!
Presented by Amie Remington, Esq.General Counsel for LandrumHR
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BAILOUT!
Oxford Dictionary’s Word of the Year
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#MeToo
COMPLICIT
Adjective
1. Choosing to be involved in an illegal or questionable act, especially with others; having complicity.
Powerful Men Accused of Sexual Harassment
Image from CNN.com
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This is not new
Title VII prevents the consideration of sex in all employment‐related decisions.
Vice Suspends 2 Top Executives
Image from Viceland.com
Vice has suspended two top executives after a New York Times report on sexual misconduct at the digital media company.
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Amie’s personal biggest disappointment of the year
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And the List Keeps Growing
Marshall Faulk, Heath Evans and Ike Taylor; Mario Batali; Harvey Weinstein; Johnny Luzzini; Israel Horovitz;
Garrison Keillor; Matt Lauer; Andy Rubin; David Sweeney; Nick Carter; John Lasseter; Representative John
Conyers, Jr.; Jim Leine; John Hockenberry; Charlie Rose; Ryan Seacrest; Russell Simmons; Glenn Thrush;
Jamis Winston; Sylvester Stallone; Ron Jeremy; Al Franken; Adam Venit; Dallas Clayton; Mark Schwahn; Tom
Sizemore; Steve Jurvetson; Richard Dreyfuss; George Takei; Andrew Kreisberg; Eddie Bergnaza; Steve
Lebsock; Sepp Blatter; Matthew Weiner; Louis CK; Gary Goddard; Jann Wenner; Roy Moore; Donald Trump;
Andre Balazs; Dan Schoen; Steven Seagal; Jeffrey Tambor; Ed Westwick; Dustin Hoffman; Brett Ratner;
Jeremy Piven; Michael Oreskes; Andy Dick; Kevin Spacey; Hamilton Fish; Stephen Collins; Ken Baker; Rick
Najera; Mark Halperin; Knight Landesman; George HW Bush; Leon Wieseltier; Roman Polanski; Ethan Kath;
R. Kelly; Terry Richardson; James Toback; John Besh; Lockhart Steele; Robert Scoble; Chris Savino; David
Blaine; Bob Weinstein; Roy Price; Oliver Stone; Ben Affleck
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A Good Apology
A GOOD APOLOGY HAS THREE PARTS:
1. I’M SORRY2. IT’S MY FAULT3. WHAT CAN I DO TO MAKE IT RIGHT?
Image from Variety.com
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116th Congress Breakdown
80% Male
20% Female
Image from HuffingtonPost.com
2018 Supreme Court Justices
Image from CNN.com
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National Labor Relations Board
Image from NLRB.gov
Equal Employment Opportunity Commission
Image from HRFloridaReview.org
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0 20000 40000 60000 80000 100000
Total Charges
Race
Sex
National Origin
Religion 2000 Charges
2016 Charges
Department of Labor ‐ EEOC
Sex‐Based Discrimination EEOC Charges
FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016
Receipts 12,695 12,461 12,569 12,379 12,146 12,573 12,860
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FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016
Receipts 7,944 7,809 7,571 7,256 6,862 6,822 6,758
Sexual Harassment Only EEOC Charges
EEOC Monetary Awards
FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016
Monetary Benefits (Millions)
$41.2 $45.1 $43.0 $44.6 $35.0 $46.0 $40.7
* This does not include monies paid as settlement by private counsel or damages awarded by a Court.
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It is unlawful to harass a person (an applicant or employee) because of that person’s sex.
Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
The harasser can be the victim's supervisor, a supervisor in another area, a co‐worker, or someone who is not an employee of the employer, such as a client or customer.
EEOC – Department of Labor
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EEOC – Department of Labor
Company Culture
• Shared Values• Strategy• Structure• Systems• Style• Staff• Skills • Lies
• Rumors• Back‐Stabbing• Office Politics• Spying• Revenge• Allies
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Tips for Proactively Preventing Harassment
1. Lead by example
2. Walk the office
• Look for the obvious
• Look for the subtle things, too
3. Consider a salary survey
4. Training
Job Descriptions
Lists the objective, non‐discriminatory tasks to be done
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Images from HuffingtonPost.com and Magazine‐Advertisements.com
Discriminatory Job Ads
Interview Checklist
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Importance of Training
Harassment based on race, color, religion, sex (including pregnancy, sexual
orientation or gender identity), national origin, disability, age (40+) or geneticinformation (including family medical history) is illegal and will not be tolerated.
Provide definitions and examples of prohibited conduct, as needed.*
Explain how employees can report harassment:
– If possible, designate at least one person outside an employee’s chainof command who can receive harassment complaints.
– Consider permitting employees to report harassment to any manager.
What Should Your Policy Say?
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State that you will protect the confidentiality of employees who report harassment or participate in a harassment investigation, to the greatest possible extent.
State that employees will not be punished for reporting harassment or participating in a harassment investigation or lawsuit.
Require managers and other employees with human resources responsibilities to respond appropriately to harassment or to report it to individuals who are authorized to respond.
What Should Your Policy Say?
Provide for prompt, thorough and impartial investigation of harassment complaints.
Provide for prompt and effective corrective and preventative action when necessary.
Consider requiring that employees who file internal complaints be notified about the status of their complaint, the results of the investigation and any corrective and preventative action taken.
Describe the consequences of violating the harassment policy.
What Should Your Policy Say?
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Top Take‐Aways
1. Review and update your sexual harassment policy
2. Proactively watch for inappropriate conduct
3. Ensure pay practices are fair
4. Confirm that your organization isn’t “top heavy”
5. Make sure you have the right people in the right seats
6. Require HR to take an investigations refresher course
Practice Kindness
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Thank You!
LandrumHR.com
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