All posts by leahhollis

The Perfect Storm… Discrimination, Retaliation, Lawsuit, Settlement

The Perfect Storm… Discrimination, Retaliation, Lawsuit, Settlement

The Perfect Storm… Discrimination, Retaliation, Lawsuit, Settlement

 

A discrimination law suit is much like a perfect storm… it can come from all four directions, and wreck an entire organization

Let me tell you a story.

Imagine an older staff member has been passed over for a position.  While the organization might have its genuine rationale for choosing the younger candidate, our colleague over 40 is still dismayed.  Perhaps the younger candidate has more direct experience, or more education.  Nonetheless, your older staff member takes issue with being passed over.  He then files an internal complaint that specifically invokes Title VII legislation by stating he feels he was passed over because of his age.

The organization is now at a cross roads.  Whether the complaint is valid or not, our over forty colleague has invoked Title VII protections.  Here is the forecast of the perfect storm.    The organization can get mad, and immediately take a defensive posture, claiming there is no way that age discrimination exists,  simply because there are policies against it.   Nonetheless, the organization conducts an investigation and interviews a number of people.  Once the investigation is complete, the complainant is transferred to another department because his manager doesn’t want to deal with a complainer.

The perfect storm still brews as every single person who participated in that investigation is also protected by Title VII.  The transferred colleague now has a clear retaliation charge; because he was transferred after he made a complaint.  If he views the transfer as a downgrade or unfair change, this age discrimination case now morphs into a retaliation charge.  Further, if the participants in the investigation face adverse employment actions, demotions, transfers, even uncustomary poor performance evaluations, they too will have retaliation charges.  As an organization can see, ill feelings about being passed over have quickly mushroomed into retaliation complaints which can cost easily $75,000 a piece to defend.

While the original complaint of age discrimination might not have yielded a finding in favor of the complaint, if the complaint is mishandled,  the subsequent retaliation charges can embroil an organization for years.   Patricia Berkly LLC helps organizations anticipate these problems and guides managers through sticky situations which can land the organization in court. The recent book Unequal Opportunity, offers details about these types of cases, and  suggests solutions for managers.  Visit www.diversitytrainingconsultants.com for more details.

Cultural Diversity training workshops should include EEO policy training

Cultural Diversity training workshops should include EEO policy training

Cultural Diversity training workshops should include EEO policy training

Cultural Diversity training workshops should include EEO policy training

Often companies are searching for cultural diversity training workshops ; however these cultural diversity training workshops should also include EEO policy training. Cultural diversity training workshops can assist even the most educated groups.  For example, Prince George’s County School District, a particularly diverse school district, is facing sixteen different discrimination cases.  While diversity may not be an issue, cultural diversity training workshops which include EEO policy training might indeed have been the solution. Cultural diversity training workshops which include EEO policy training will let managers know that discrimination WITHIN a protected class is also possible.  Cultural diversity training workshops which include EEO policy training assist with Title VII compliance. Cultural diversity training workshops should provide updates and strategies for compliance. Without cultural diversity training workshops organizations run the risk of walking into a discrimination complaint.  Cultural diversity training workshops with essential EEO policy training are as critical as software updates and other federal legislation updates.  Cultural diversity training workshops which include EEO policy should not be overlooked.

Several items for discussion in cultural diversity training workshops should include how to prevent harassment.  Cultural diversity training workshops should review anti bullying policies, as bullying can lead to discrimination complaints.  Cultural diversity training workshops are critical for executives striving to sustain their organizations in a period of time where discrimination lawsuits are reportedly at an all time high.

While coordinating cultural diversity training workshops tends to lie at the feet of Human Resources, cultural diversity training workshops are the responsibility of all managers.  As a manager can be found personally liable for discriminatory decisions, managers should be particularly interested in cultural diversity training workshops which can ultimately protect their own careers.

NYU and the EEOC…. How could this Happen?

NYU and the EEOC…. How could this Happen?

NYU and the EEOC…. How could this Happen?

NYU and the EEOC…. How could this Happen?

I grew up respecting these great institutions of higher learning…. They were these lofty institutions of amazing knowledge and justice.  So how can this happen?  NYU, one of the largest and most prestigious universities in the nation is subject to a $210,000 settlement for allowing a racially hostile environment.  Further, keep in mind, this is only the cost to settle; attorney’s fees and productivity lost to defend this case is certainly another six figure dollar amount. We thought the days of overt racism were over; however, an African employee was subject to such an environment being called ‘monkey’ and ‘gorilla’ as reported by the EEOC.  But isn’t NYU the paragon of diversity, nestled in lower Manhattan amongst a cross section of diversity rarely duplicated in other areas?

This type of thing happens not because the institution is a bad place, but because a few untrained and unchecked people allow this toxic and discriminatory behavior to fester.  In short, untrained staff put a fine institution in jeopardy and has exposed the institution to fees and costs possibly over $500,000. As ignorance is not an excuse for the law, the lack of proper Title VII and EEO rules training doesn’t absolve an organization from discrimination lawsuits.  How could NYU or any organization minimize its risk?

Proper rules training is essential. This year the Supreme Court has altered the definition of retaliation to include immediate family.  Further, oral complaints are now deemed reasonable vehicles for lodging a discrimination complaint.  Other Title VII issues include how caregivers are treated, along with the proliferation of age discrimination cases as baby boomers move through their careers.

Just as an organization stays up to date on the latest software, communications, and security, organizations also need to secure its staff with proper rules training.  These federal guidelines can only help employers if employers make a point to stay up to date on the rules.  While NYU might have deep pockets and/ or insurance to pay for these damages, and might even have such a strong reputation to withstand this bad press, other organizations may not be as resilient in a recession.  Part time EEO staff, offices which are only partially dedicated to training and fielding complaints, leaves organizations exposed to this type of risk.  In light of that, the time and energy to regularly train staff can keep an organization out of the EEOC press room, and focused on the business at hand.  Just a higher education trains it students, the same emphasis needs to be placed on educating its staff for the betterment of a good organization.

Diversity training programs, discussion on WZBN TV

Diversity training programs, discussion on WZBN TV

Diversity training programs, discussion on WZBN TV

Diversity training programs, discussion on WZBN TV

Dr. Leah Hollis has appeared on several radio shows national wide to discuss the importance of diversity training programs.  Whether she has appeared on the Jim Bohannon show, Jim Blasingame show or others, diversity training programs which include EEO rules training are the topic which can help organization avoid costly and time consuming workplace discrimination law suits.  Diversity training programs are not just about understanding diverse staff, but diversity training programs from Patricia Berkly LLC also focus on the application of Title VII.  Diversity training programs and EEO rules education are an essential part of managing a compliant business.

This week, Dr Hollis will be on WZBN from Trenton, NJ to discuss diversity training programs and how her book, Unequal Opportunity, which can help managers properly utilize employment law offered in Patricia Berkly LLC’s diversity training programs.   Her conversation with Mark Fontes on WBZN television reviews the record trends in discrimination cases and the urgent need for diversity training programs which include EEO rules training.  Dr. Hollis and her discussion on diversity training programs will also be featured on The Business of Life with Coach Ron.  Diversity training programs were also part of a webinar dealing with workplace bullying. Recently, Dr Hollis brought the need for diversity training programs to West Chester University.  Along with articles in Payscale and AOL Jobs, Dr. Hollis is a leading expert in workplace discrimination who develops diversity training programs that help organizations avoid being the next target of a lawsuit.

Diversity training programs truly affect everyone.  The managers and supervisors can learn a great deal through diversity training programs about discrimination by association and how the Title VII laws are applied to caregivers, aging staff, and those who complain about their civil rights.  Patricia Berkly LLC goes beyond diversity training programs and incorporates those vital rules.  Given the media attention and busy schedule, diversity training programs are clearly needed by organization when they decide diversity training programs that teach the EEO rules can truly benefit their staff. Diversity training programs with EEO rules education should be an essential part of any manager’s training.

Death by Association, Cultural Diversity Training Activities

Death by Association, Cultural Diversity Training Activities

Death by Association, Cultural Diversity Training Activities

Death by Association, Cultural Diversity Training Activities

Cultural diversity training activities would keep managers and staff apprised of a recent trend in discrimination.  Cultural diversity training activities would remind staff that decisions made by association to a protected class are also actionable under Title VII.  For example,  cultural diversity training activities should educate staff that refusing to hire a woman because of perceived conflicts she might have taking care of her disabled husband is a violation of Title VII.  Cultural diversity training activities would educate staff that penalizing the care giver of a pregnant partner or child is a problem.

Cultural diversity training activities are meant to assist managers from making unlawful assumptions about staff who are associated with family who are protected under Title VII.  Cultural diversity training activities would educate staff that the most frequent occurrence happens in a mixed marriage situation. The white staff member who is penalized for a having a spouse or partner of a different race, or multi racial children should also know through cultural diversity training activities that they are protected if a boss discriminates against them because of the association. Cultural diversity training activities are critical for both the employee and the manager. Cultural diversity training activities should educate beyond social engineering; cultural diversity training activities should include EEO rules updates.

Managers can benefit from cultural diversity training activities. Regular cultural diversity training activities keep an organization up to date regarding discrimination by association.  Other topics of cultural diversity training activities would highlight the baby boomers and the rise in age discrimination. Cultural diversity training activities will update staff on the trends in women holding a majority of American jobs.  Cultural diversity training activities are a necessary part of conducting business and these same cultural diversity training activities are indispensible as cultural diversity training activities which support EEO rules training are critical in keeping organizations safe from discrimination complaints.