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Posts Tagged ‘training’

As #MeToo Movement Takes Off, EEOC Sexual Harassment Claims Jump

Posted on: October 11th, 2018

By: Barry Brownstein

Since October 2017, when the Harvey Weinstein scandal broke and the #MeToo movement took off, the U.S. Equal Employment Opportunity Commission has filed 50 percent more sexual harassment lawsuits than it did the previous year and has seen a spike in the number of sexual harassment claims it has received. The EEOC filed 66 harassment lawsuits in fiscal 2018 of which 41 contained allegations of sexual harassment.  In addition, the EEOC recovered about $70 million for sexual harassment victims in fiscal 2018, compared with approximately $47 million it recovered in fiscal 2017.

According to the agency’s data, besides its own stepped up enforcement efforts, workers have also increasingly turned to the EEOC over the past year to report allegations of sexual harassment.  The number of charges filed by individuals alleging they were victims of workplace sexual harassment increased by 12 percent in fiscal 2018 from the prior year. The EEOC fielded 6,696 sexual harassment charges in fiscal 2017. A 12 percent increase of that figure indicates the agency fielded about 7,500 sexual harassment charges in the most recent fiscal year. That increase is the first time this decade the number of sexual harassment charges received by the EEOC has gone up from one fiscal year to the next.

Acting EEOC Chair Victoria Lipnic has ardently communicated the message that the EEOC has continued to lead the way to achieve the goal of reducing the level of harassment and promoting harassment-free workplaces. Consistent with that theme, the EEOC has also issued a report highlighting the various measures it took over the past 12 months to fight all forms of workplace harassment.  Such efforts include more than 1,000 outreach events, the development of “respectful workplaces” training seminars, and the creation of an internal “harassment prevention action team” to coordinate the agency’s anti-harassment efforts.

With sexual harassment claims soaring, employers should review their current training program, update it so it is consistent with the EEOC’s “respectful workplaces” training, and ensure all employees are provided with such training.

If you have any questions or would like more information, please contact Barry Brownstein at [email protected].

Going Out with a “Goat Bang”

Posted on: July 27th, 2018

Employee’s Slang in Comments on Social Media Protected as Concerted Activity

By: Robyn Flegal

A panel of the National Labor Relations Board ordered an Iowa electric company to rehire and pay back wages to a utility pole employee who was terminated for posting on social media that the Company was a “goat bang,” which he later testified was a commentary about the utility company’s safety policies—including (a) inadequate training and (b) splitting teams into groups that were too small to ensure employee safety.  The Company learned of this social media post when employees who were offended by the post showed their supervisors.

The panel held that the Company violated the National Labor Relations Act (NLRA) by firing the employee for his post. The panel held that the social media comments (even calling the Company a “goat bang”), while not “inherently concerted” and therefore not subject to heightened protection, were “concerted activity for the purpose of mutual aid or protection.” According to the NLRB, the Company’s explanation for firing the employee was pretextual, as multiple Company witnesses said that the employee was “canned” because of his posts. Notably, the NLRB also determined that the Company’s “attitude” and “conduct” policies, which the Company pointed to in justification of this termination, were illegal under the NLRA because the policies interfered with workers’ rights.

This decision demonstrates the careful consideration employers should give to a decision to terminate an employee for raising concerns about the Company on social media. Employers should also be reminded to evaluate their seemingly neutral policies for compliance with the NLRA. For more information or to consult with one of FMG’s seasoned Labor and Employment attorneys regarding reviewing your company’s policies, contact Robyn Flegal at [email protected] or any of the attorneys in our National Employment Law Practice Group.