Fall 2007
Prevent Claims! News
News you can use to prevent & resolve lawsuits.
In This Prevent Claims! News Issue
Zero Tolerance: Handling Harassment Claims
Black Firefighter Wins $1.43 Million
Your Company Does Have Policies, Doesn't It?!
Enjoy the fall!
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How to Handle
 Harassment Complaints


Interview the complainant, the supervisor, and other witnesses promptly

 Ask precise questions

 Come to a reasoned conclusion

Review your religious harassment policy with the supervisor

 Explain that religious accommodations must be made

Show the supervisor how reasonably to make accommodations

Tell the supervisor a written notice will be placed in his file

Warn the supervisor that repeated conduct will  be disciplined

If the conduct repeats, or worsens,
DISCIPLINE the supervisor!

Circulate your policy through the workforce as a reminder

Undertake harassment prevention, or consider  refresher training




Stop sign
 
How do you get a harasser to STOP?

Just say the word:  STOP!

61% of men and 60% of women report that telling a harasser to stop engaging in the offensive behavior worked.


Employment Policies Primer
Policies must be


Written

Easy to understand

Regularly circulated

Up to date

Accessible




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Preventing & resolving
legal claims

Prevention Programs

Investigations

Mediations & Negotiations

Legal Budget Management

610.647.4439
484.886.6006

BevilleMay@Comcast.Net


Greetings!
    
     We often hear about "zero tolerance" policies for harassment situations.  But, what does this really mean?  Is it zero tolerance if a guy in the mailroom posts "girlie" pictures, but just a wink and a nod if the CEO puts her hand in a male subordinate's lap?

    This edition of Prevent Claims! News will give you practical tips on how to handle a harassment complaint when it comes in the door -- whether it's sexual harassment, religious harassment, or harassment based on national origin.  Read on to learn how best to defuse a harassment claim and prevent a costly lawsuit.

     Most importantly, enjoy these warm fall days while they last! 
As always, thank you kindly for your support.


Beville

Prevent Claims, LLC
Preventing and resolving legal claims.

610.647.4439

Prevention Programs ~ Investigations
 
Mediations & Negotiations

Legal Budget Management


Zero Tolerance:  Handling Harassment Claims
Be prompt, be thorough, and be fair!

Woman in burqa   
     Your new hire, a cheerful, observant Muslim, arrives in your office in tears.  Her supervisor keeps making cutting remarks about her head covering.  He also criticizes her for taking breaks to pray five times daily. 

     What do you do?  Follow the How to Handle Harassment Complaints in the sidebar at left,  and you'll be on your way to a fair solution!

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City of LA to Pay $1.43 Million

in Black Firefighter Harassment Case


Black Firefighter
Black firefighter Tennie Pierce was awarded nearly $1.5 million to settle his claims of racial discrimination and harassment, which included having dog food mixed with his spaghetti at an LA firehouse. The award was $1 million less than one authorized by the City Council before a public outcry ensued over scenes of Pierce himself hazing a gay firefighter.

This is not the first, nor is it likely to be the last harassment case against a city or town due to antics in the high pressure and close quarters of a firehouse.  In any workplace where workers essentially live together, close ties -- and tensions -- run high.

For more information about the Pierce case and others involving firefighters, please visit:  LA Weekly's, Tennie Pierce vs. Taxpayers.
 

Your Company Does Have Policies,
Doesn't It?!
Current, well circulated ones, right?

     If you swallowed hard when you read this headline, fear not.  Better to acknowledge your shortcomings to an e-Newsletter than to a jury under oath!

Businessman bored to sleep
 
   Don't send your employees into a deep sleep at the sight of your employment policies!  Make sure your policies are written in plain English.  If some fancy outfit wrote policies that read like the Code of Federal Regulations, dump them!  (The policies, that is.) 

    Update your policies as needed.  Out of date policies are only slightly better than no policies at all.  The EEOC now recognizes unfair treatment of caregivers on the basis of sex, race, and disabilities.  This needs to be part of your updated HR 'look.'  (See EEOC Caregiver Enforcement Guidance.)

    Make sure your harassment policy covers all forms of harassment, not just sexual harassment.  Harassment policies should outlaw racial and religious harassment, as well as harassment based on sexual orientation, national origin, and the like.

      
Circulate your policies annually, and get employees to sign off on having read them.  Consider going over one policy at a time during a "Lunch & Learn."  Finally, post them to company intranets so they are easy to find when needed.
       
    So dust off those policies, get them up to snuff, and get them out there.  That way, the excuse, "I didn't know I couldn't ..." will get short shrift.  And you can turn your attention to other matters.