HR Manager's Legal Alert for Supervisors

AFTER COWORKER THREATENS TO KILL HER AND HER DOG, WOMAN OBTAINS PROTECTIVE ORDER. Overview: When a male coworker threatened to kill her and her dog, a female crew member decided to obtain a protective order against him. The scenario: After she ended a romantic relationship with a male coworker, Melissa Soetaert, an employee of Pero Family Farms Food Co., Benton Harbor, MI, thought there might be some lingering tension with the jilted man, but she had no idea how bad things would get. Not only did the male coworker, who drove forklifts, make inappropriate comments about Soetaert’s breasts and buttocks, but he also accused her of having sex with multiple coworkers. When Soetaert asked her former romantic partner to move a load using a forklift, he said she was a “b-tch” and that she could “suck a d-ck.” The man also threatened to run her over with a forklift truck and to get a female coworker to “beat her ass.” Soetaert told her supervisor about the man’s unwelcome behavior, and the boss asked the forklift driver to stop harassing the woman, but the boss also told him, “We don’t want to lose you.” Following the complaint, the forklift driver called Soetaert a snitch and a liar. Then he accused her of “s-ckng d-ck” to get her job. The driver also promised to burn down Soetaert’s house and to kill her and her dog. The threat of violence prompted Soetaert to get a restraining order against him. Finally, the forklift driver was terminated. Meanwhile, Soetaert contacted the Equal Employment Opportunity Commission (EEOC). Legal challenge: The EEOC sued Pero Family Farms for sexual harassment. The ruling: The company lost. Facing dim prospects in court, Pero Family Farms paid $40,000 to resolve the lawsuit. Based on EEOC v. Pero Family Farms Food Co. LLC. ^ From the January 17, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click https://lnkd.in/eM5jmim8. * THIS PHOTOGRAPH IS UNRELATED TO THIS INCIDENT #inappropriate #comment #comments #court #lawsuit #lawsuits #litigation #court #courts

FOCUS: CHRONIC COMPLAINERS: What you can do about a crew member who always sees the glass as half-empty. ➡️You’re not alone if you have at least one person on your crew who always sees the glass as half-empty. No matter the circumstances, the staff member consistently finds a reason to complain. Unfortunately, chronic complainers can be found in just about every workplace. Nevertheless, you can’t just ignore a chronic complainer. The person’s negative attitude could become infectious, and workplace negativity can expand like an out-of-control wildfire, possibly leading to a costly employment lawsuit. That’s why you should meet with the chronic complainer as soon as possible to stop his or her negativity from spreading – before it’s too late. Start the conversation by acknowledging the person’s complaint. Even if you think there’s no merit to what the staff member is complaining about, let the individual continue to vent. Doing so will allow the complainer to get any frustrations off his or her chest. While the employee is speaking, look for clues about potential underlying reasons for the person’s negativity. Also keep in mind that some individuals turn into chronic complainers because they feel they’re not being heard. That’s why you should show empathy. For instance, you could say, “If I were you, I’d probably feel the same way.” Once the complainer has finished venting, reframe the situation by offering a different perspective. If the worker is objecting to a company policy, for instance, explain why the policy was instituted and detail its positive impacts. It’s also important to involve the complainer in identifying potential solutions to the problem. Ask questions such as “How would you solve this?” and “What would you do differently?” If the complainer is serious about effecting change, he or she will probably have some good ideas that could help resolve the problem. ^ From the January 17, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click https://lnkd.in/eM5jmim8. #chronic #complainers #complainer #complaint #complaints #hr #hrmanager #hrmanagers #hrdirector #hrdirectors #humanresource #supervisors #supervisor #problem #solution

WAS PROMOTION PROCESS RIGGED AGAINST THE ONLY FEMALE CANDIDATE FOR THE JOB OPENING? “Louise didn’t get the promotion because she performed poorly on the oral exam,” said Supervisor Nathan Hawkins, “not because she’s a woman.” “Louise thinks the promotion process was rigged against her,” said HR Director Carolyn McGill. “She’s suing us for gender discrimination.” “I know Louise was deeply disappointed that she lost out on the promotion to a male candidate,” said Nathan, “but the man we picked was a strong contender for the job.” “Louise points out that she had 15 more years of relevant experience than did the man chosen instead of her,” said Carolyn. “She also says she was considered the natural candidate for the position because she was the person next in line for the job based on the normal succession order. She wonders why the promotion process was suddenly changed.” “How was the process changed?” asked Nathan. “Louise says the original job posting said the hiring process would have both a written exam and an oral exam,” said Carolyn. “However, at the last minute, the written exam was removed. Louise thinks that was suspicious because she’d previously nailed the written exam when she sought the job she now has.” “I’m not sure how changing one part of the promotion process was a problem,” said Nathan. “It certainly doesn’t scream gender bias to me.” “Louise believes that other parts of the process also screamed gender bias,” said Carolyn. “For instance, she notes that she was the only woman among the seven candidates for the position. Furthermore, the selection committee was comprised only of men.” “Louise has to realize that she’s working in a male-dominated field, and there’s nothing we can do about that,” said Nathan. “According to Louise,” said Carolyn, “we’re not doing enough. She also says the questions used for the oral exam formerly included an inquiry about DEI – diversity, equity and inclusion. However, at the last minute, the DEI question was removed, which hurt Louise more than the male candidates.” “It seems to me that we have the right to take out questions we don’t think are moving the process forward,” said Nathan. “Louise points out that the criteria used to judge the oral exam were subjective,” said Carolyn. “As a result, the men on the hiring committee were allowed to use too much discretion and to exercise potentially biased judgment.” “We didn’t discriminate against Louise because of her gender,” said Nathan. “We should challenge this lawsuit.” See comment below for the result of this case & what this means to you. ^ From the January 17, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click https://lnkd.in/e_7AKbgE. #female #male #promotion #job #candidate #candidates #promotions #hr #hrmanager #hrmanagers #hrdirector #hrdirectors

PEOPLE HIDE ILLNESSES TIED TO MENTAL HEALTH. Don’t hold your breath waiting for workers to let you know when they’re battling a mental health condition – most people won’t reveal this type of disability. So suggests a recent survey of 2,000 U.S. staffers between the ages of 20 and 40 who have infirmities such as autism, attention deficit hyperactivity disorder, dyslexia, Tourette’s syndrome and other neurodivergent conditions. The survey conducted by EduBirdie showed that 23% of respondents hide their condition while at work, 42% discuss it when necessary, 24% talk about it with certain people and 11% openly discuss their disorder. Why are neurodivergent workers reluctant to reveal their disorders? According to the survey, 58% of respondents said they worry colleagues will judge them, 51% said they don’t want to be treated differently, 45% fear that disclosing their infirmity could negatively affect their careers and 34% worry they’ll be terminated because of their disorder. (Note: Respondents could pick more than one reason.) Your takeaway: Encourage workers to let you know if they have a mental health condition. That way, you can help them accommodate their neurodivergence – and reduce the chances of getting hammered with a disability discrimination lawsuit. ^ From the January 17, 2025, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click https://lnkd.in/eM5jmim8. #mentalhealth #mentalillness #neurodivergence #disability #discrimination #ada

You’re required to respond promptly to reemployment requests from servicemembers. What happened: After spending three years in the U.S. Army, a woman asked her former employer for her job back. The company took more than two months to respond to the woman’s request for reemployment, proposing that she accept a lower-paying job. Legal challenge: The woman sued under the Uniformed Services Employment and Reemployment Rights Act. Company’s response: We eventually offered her a job. Ruling: The company lost. Employers have to promptly respond to servicemember reemployment requests. More than two months isn’t prompt. Cite: Jimenez v. Holbrook Plastic Pipe Supply, U.S. District Court, E.D. New York, No. 21-cv-2472, 12/19/24. ^ From the January 3rd issue of HR Manager's Legal Alert for Supervisors. To start a free two month, no obligation, trial subscription to our newsletter, visit https://lnkd.in/e_7AKbgE. ^^ Your trial will be a 2 month, no obligation review. You’ll receive your first issue in PDF format via email. After we email the second issue, we’ll mail a continuation notice to your employer. That can be paid to continue the subscription for a full year of 24 issues. However, if you don’t want to subscribe annually, you can disregard that continuation notice and the issues will stop coming when your free two month trial period is over. I hope you find our publication to be a valuable resource for you moving forward! Keep in mind that if anyone makes even just one mistake that leads to a discrimination lawsuit, it could cost your organization thousands – or even millions – of dollars. For the small investment in our publication, you can rest easy knowing you’ve done everything you can to protect your crew from discrimination & prevent damaging litigation. If you have any questions for me, please don’t hesitate to reach out! In addition to LinkedIn, you can visit our website at www.iobp.com, or contact Sharon via phone at 866-572-1352. #servicemember #servicemembers #military #reemployment #organization #discrimination #lawsuit #lawsuits

You’re required to respond promptly to reemployment requests from servicemembers. What happened: After spending three years in the U.S. Army, a woman asked her former employer for her job back. The company took more than two months to respond to the woman’s request for reemployment, proposing that she accept a lower-paying job. Legal challenge: The woman sued under the Uniformed Services Employment and Reemployment Rights Act. Company’s response: We eventually offered her a job. Ruling: The company lost. Employers have to promptly respond to servicemember reemployment requests. More than two months isn’t prompt. Cite: Jimenez v. Holbrook Plastic Pipe Supply, U.S. District Court, E.D. New York, No. 21-cv-2472, 12/19/24. ^ From the January 3rd issue of HR Manager's Legal Alert for Supervisors. To start a free two month, no obligation, trial subscription to our newsletter, visit https://lnkd.in/e_7AKbgE. ^^ Your trial will be a 2 month, no obligation review. You’ll receive your first issue in PDF format via email. After we email the second issue, we’ll mail a continuation notice to your employer. That can be paid to continue the subscription for a full year of 24 issues. However, if you don’t want to subscribe annually, you can disregard that continuation notice and the issues will stop coming when your free two month trial period is over. I hope you find our publication to be a valuable resource for you moving forward! Keep in mind that if anyone makes even just one mistake that leads to a discrimination lawsuit, it could cost your organization thousands – or even millions – of dollars. For the small investment in our publication, you can rest easy knowing you’ve done everything you can to protect your crew from discrimination & prevent damaging litigation. If you have any questions for me, please don’t hesitate to reach out! In addition to LinkedIn, you can visit our website at www.iobp.com, or contact Sharon via phone at 866-572-1352. #servicemember #servicemembers #military #reemployment #organization #discrimination #lawsuit #lawsuits

TODAY'S FOCUS TOPIC: CANCER~~ How to best accommodate a worker who’s trying to beat a dreaded disease. ➡️Oh, no! One of your crew members – Susan – just told you that she’s been diagnosed with cancer. She’s optimistic about her chances of beating the disease, but in the meantime, she needs you to work with her to accommodate the side effects of the condition and her treatment regimen. Remember that cancer is usually considered a disability under the Americans with Disabilities Act because it often affects several major life activities, so you have a legal obligation to work with Susan to help her do her job while she fights the cancer. Before considering potential accommodations, meet with Susan to get a better understanding of the job limitations she might encounter. Also try to find out the specific tasks that could pose a problem. Then identify accommodations to address these issues. Flexible schedule Susan will most likely need to take time off for medical appointments and treatment. In that case, it’s best to let her adopt a flexible schedule so she can make up the time lost to doctors’ visits. Plus, it might make sense to sometimes let Susan work from home. While undergoing treatment, Susan is likely to become fatigued. That’s why you should allow her to take frequent rest breaks. You might also restructure her job so her more difficult job duties are performed at the time of day when she has the most energy and stamina. Another potential side effect of cancer and its treatment is a reduction in cognitive performance, so you could allow for a self-paced workload. Encourage Susan to break larger tasks into smaller ones, with each job being completed before the next assignment starts. Bonus: Don’t tell anyone about Susan’s condition without her approval. You don’t want to violate medical privacy laws – and risk a potential lawsuit – by alerting coworkers to Susan’s personal medical information. #cancer #hrmanager #hrdirector #hrdirectors #accommodate #accommodations

MANAGER WATCHES WOMAN BEING SEXUALLY HARASSED, THEN FIRES HER. The scenario: Shortly after starting a job, a woman became concerned about the harassing behavior of a male coworker. The man repeatedly commented on her hair and said things such as, “You look good” and “Look at those eyes.” The coworker also made inappropriate comments about oral sex after customers ordered hot dogs. But the offensive behavior wasn’t limited to words. The male coworker often rubbed the woman’s back without her consent. When she told him to stop, the man said he couldn’t help himself because she was so soft. Things took a dramatic turn for the worse when the male coworker approached the woman from behind and began to make a humping motion while pushing a plastic container into her posterior. The woman whirled around and declared that she’d punch him if he touched her again. A male supervisor witnessed the humping incident. About 15 minutes later, he called the woman into his office and fired her, saying, “This isn’t working.” Legal challenge: The woman sued for a hostile work environment motivated by her gender. The ruling: The company lost. The court refused to toss out the lawsuit. The judge said the woman encountered verbal and physical harassment almost every day. Plus, a supervisor witnessed an incident of severe physical harassment – the humping incident – but fired the female victim rather than her male harasser. The skinny: If you observe inappropriate conduct, don’t take disciplinary action against anyone involved in the incident until an investigation has been completed. Otherwise, you’re risking a costly court ruling against your employer. Cite: Sfanos v. Cranberry Crossroads Dining, U.S. District Court, W.D. Pennsylvania, No. 2:23-cv-1502, 11/19/24. (From the Jan. 3, 2025, issue of HR Manager’s Legal Alert for Supervisors.) #sexualharassment #hrmanager #hr #supervisors #training #easytoread #newsletter #newsletters

LGBTQIA+ WORKERS REPORT JUMP IN BIAS. A word to the wise: Your ongoing efforts to stamp out discrimination against LGBTQIA+ workers not only help reduce the chances of a costly bias lawsuit, but they also help improve the productivity of LGBTQIA+ crew members. That’s your takeaway from a recent Randstad survey of 355 LGBTQIA+ U.S. employees. The survey revealed that 51% of respondents said they’ve endured discriminatory acts or attitudes due to their sexual orientation or gender identity. Randstad suggested that the impact of these biased attitudes and behaviors is significant, with 45% of respondents indicating that they’re less motivated and productive when they’re unable to fully express their sexual orientation or gender identity at work. In addition, 44% of LGBTQIA+ staffers said their identity has negatively affected their careers. In some cases, workers have switched jobs because of their identity, with 41% stating that they’ve left an organization in search of a more inclusive workplace. Dig deeper: According to the survey, workplaces are becoming less inclusive for LGBTQIA+ employees. In fact, 41% of the respondents reported an increase in bias, and 40% said they feel more isolated now than they did five years ago. ^ From the December 13th issue of HR Manager's Legal Alert for Supervisors.