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HARASSMENT

Every bully has a weak spot

By Lynne Curry He’s smug, arrogant and has bullied you for months. Before you he bullied a string of good people, each who had the good sense to quit before he destroyed their work lives. You’ve thought about quitting but don’t want to. That leaves you one option. You need to know how you can take him down before he takes you out. Here’s what you need to know: Bullying rests on psychological power. Bullying causes psychological harm to the target and those who witness it but feel powerless to intervene. Those targeted feel their bully has all power and they have none. That isn’t true—every bully has an Achilles heel. For example, narcissist bullies can’t take criticism and when you criticize them, they lose their cool and react. Angry,… . . . read more.

YOUR CAREER

Do you just open your mouth and let the words fly?

By Lynne Curry When you’re upset with another person, do you open your mouth and let your emotions erupt and words fly? If you want to resolve an interpersonal conflict, you can’t afford to blast the other person. While you may feel vindicated, you risk the other person attacking back, getting defensive or shutting down If you want things to become better and not worse between you and the other person, learn to tackle yourself first, open the conversational door to the other person, remain results-focused, word your thoughts so they can be heard, and admit your part in the problem. Tackle yourself before you slam the other person When you’re upset, adrenaline can hit you like a wave. Don’t let it swamp you and torpedo your chances of attaining… . . . read more.

HARASSMENT

Stopping a bully senior manager without losing your job

By Lynne Curry Question: I face a situation that has no easy answer and no good solution. As the newly hired human resources director, I supposedly enforce our organization’s code of conduct and oversee the human resource issues. I report to the report to the chief operating officer, a bully who runs roughshod over any employee unlucky enough to cross his path. If I keep my mouth shut, I turn a blind eye to what he’s doing, but he’s my boss and according to the five senior partners above him a “leader who gets results.” I read your book on bullies and you seemed to think bullies can change their ways. Can they, even when they’re on top of the organization pyramid? Answer: Bullies can change—though often they won’t. Bullies… . . . read more.

OBSCENE & UNWELCOME

Watch for harassment by emoji in your office

By Lynne Curry “How much trouble are we in?” the practice administrator asked. I looked at the sheaf of text and Slack messages, loaded with emojis, and stopped on one sent in early March that asked, “Good to know you’re almost done with the project and headed for the weekend. Do you garden?” flanked by an eggplant emoji. Other texts included peaches, dump trucks, sweat droplets, and smiley faces with tongues sticking out. “How did you get these?” I asked. “An employee resigned, refused to come in for an exit interview, and sent these in the mail.” “Did you notice the recipient of the gardening question responded, ‘stop, just stop!” “No, these were just informal texts going back and forth between coworkers and employees and their supervisor. I don’t use… . . . read more.

HARASSMENT

Russian-American workplace discrimination: It’s a thing now

By Lynne Curry Question: Like many other employees that need highly skilled employees and want to diversify their labor pool, ours has hired several Russian emigrants. Other than coworkers complaining that these employees’ accents make understanding them difficult, we had no problems—until Russia invaded Ukraine. At first, nothing occurred that created worry. Many of our employees knew little about Ukraine and so peppered the emigrants with questions. But as the horror of what was happening in Ukraine continued, our employees grew angrier. Several employees asked their Russian-born coworkers how they could possibly “defend” what was going on. Things got worse when one of the emigrants defended Putin, calling him a strong leader. How much trouble do we get into if we fire this one employee? While she’s technically skilled, she’s… . . . read more.

EMPLOYMENT LAW UPDATE

Harassment continues in era of remote work

By Mike O’Brien  In the early days of the pandemic, there was speculation that workplace harassment would decrease when so many workers shifted to remote work. Some recent surveys indicate that hasn’t been the case, and that incidents of harassment have been increasing. Possible reasons for this spike include the stress of the pandemic, the fact that remote workers may lack the kind of personal connections with colleagues that might otherwise hinder poor behavior and a more casual approach to conversations due to working in a more relaxed environment. Zoom meetings have also provided a whole new forum for trouble, with employees behaving badly (sometimes while thinking they are off-camera). The quick and unexpected shift to remote workforces may also have left many employers unprepared for the challenge. To combat… . . . read more.

EMPLOYMENT LAW UPDATE

OSHA emergency vaccine mandate withdrawn and forced arbitration may end for workplace sexual harassment

By Mike O’Brien After a recent United States Supreme Court decision prohibited it, the Occupational Safety and Health Administration (OSHA) officially announced the withdrawal of its COVID-19 vaccination and testing Emergency Temporary Standard (ETS), effective Jan. 26, 2022. According to The Society for Human Resource Management (SHRM), “OSHA’s withdrawal of its COVID-19 vaccination and testing ETS, which required employers with 100 or more employees to ensure their workers were vaccinated against COVID-19 or underwent weekly testing, nullifies employers’ obligations under the standard. The withdrawal would also discontinue the OSHA ETS case before the U.S. Court of Appeals for the Sixth Circuit because OSHA is unlikely to pursue merit finding for a withdrawn regulation. However, employers must continue to comply with state or local government vaccination and/or testing requirements, which are not… . . . read more.

TOOL

Model Code of Conduct for Virtual Meetings

Far from eliminating workplace harassment, telecommuting has only caused it to morph into digital forms. As a result, medical offices and other employers need to tweak their harassment policies to deal with the new face of harassment. The virtual meeting, in particular, has become the digital age version of the holiday office party where employees feel emboldened to do and say things they wouldn’t dream of doing and saying to co-workers in-person. How do you crack down on this behavior? The starting point is to implement a Code of Conduct Virtual Meetings. Here’s a template you can adapt.

Harassment

How managers can help victims of revenge porn

By Lynne Curry When “Paula” broke up with “Rob,” he vowed she’d regret ending their relationship. She thought Rob meant she’d miss him. She didn’t realize he planned to destroy her reputation, nor that the drama would cost her a job and perhaps her career. Three days later Paula sat in shocked silence looking at nude photos where she lay asleep half on, half off a blanket laid on the grass. Her manager told her, “I’m sorry. These have spread like wildfire through the office. I don’t know that we can keep you. I can’t imagine you’ll want to stay.” Two months earlier, Rob had talked her into sex in his backyard, pointing out the tall fence shielded them from his neighbor’s windows. She had been uneasy but had gone… . . . read more.

COMPLIANCE QUIZ

Can racial discrimination be proven with circumstantial evidence alone?

SITUATION An equipment repair technician who also happens to be the office’s only African American employee endures racial abuse at the hands of his supervisor and co-workers. He complains to management and is warned to “stay in his lane.” Shortly thereafter, somebody leaves a noose on his desk. It’s the last straw. The technician claims he was subject to systemic racial discrimination and files an EEOC complaint. The office closes ranks and vehemently denies the charges and nobody is willing to testify on the technician’s behalf. Without witnesses to corroborate his story, the technician is left to rely on the following evidence: Pictures of the noose on his desk; His own testimony, which is credible and reliable; and The fact that the manager and supervisor’s denials lack credibility and consistency…. . . . read more.


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