Blown Up Breasts Blown Off by Jury
According to a female TV reporter in New York, she was sexually harassed by male co-workers and then fired because she complained about it. There was no dispute that a picture of the reporter had been doctored to portray her with cartoonishly blown up, large breasts. The reporter also said she was called “Big Butt Booty” and was on the receiving end of sex jokes. The trial against her employer, a Time Warner-owned cable news channel, lasted two weeks.
More on Extreme Humor
Yesterday, I did what is usually a weekly post on workplace humor. This post ordinarily consists of a funny or perhaps just goofy video of something intended to be humorous at work. I raised the question of whether the humor depicted in the video clip was extreme to the point of crossing a line. Michael Wade took the opportunity to do a post on his blog, Execupundit, providing serious points about when humor at work can go to far. If you read Michael’s blog, you know he’s a fan of humor, but his post contains, as usual, some great points.
The Employment Law Sing-A-Long Song — HR Song of the Week
This week, we turn a little radical. No, it’s not heavy metal or punk or anything like that. It’s a song by Manpower. It’s a commercial, if you will. There’s no guarantee you’ll like the song. It may depend on your feelings about putting commercials on a blog — something I rarely do. But once in a while, a departure from a regular work song might be a good thing. And believe me, this is not regular. Next week, we’ll return to regular, more or less.
Time to Stop Performance Reviews?
Susan Heathfield has suggested that employee performance appraisals don’t work. While others have said the same thing and some have advocated doing away with them altogether, my impression is that most employers still use performance reviews in one way or another. But should they? Is Susan Heathfield right? If so, then shouldn’t HR stop using them as one of its routine practices?
Extreme Office Humor?
Most workplaces need a dose of fun. “Humorless” comes to mind when describing a lot of workplaces. Which is worse? No humor? Or over-the-top humor? That sounds like a wide chasm, but maybe it’s just a little step over a reasonable line. But then what is reasonable? You decide. Is the following office humor extreme or just about right?
Wal-Mart Dealt Body Blow in Gender Bias Class Action Lawsuit
The case of Dukes v. Wal-Mart isn’t new. Filed a decade ago by six women on behalf of all female employees of Wal-Mart, it claims that the company pays women less than men for the same jobs, that female employees receive fewer promotions than men, and that female employees have to wait longer for promotions than men. In a 6-5 decision, the 9th Circuit Court of Appeals has ruled that the case should move forward as a class action. Wal-Mart is likely to appeal to the U.S. Supreme Court.
No Class Action Arbitration Unless in Agreement, Says Supreme Court
Some employers have agreements with their employees that if there’s a dispute, it will be submitted to arbitration. This has always been a matter of controversy, as lawyers who represent employees argue that an employee shouldn’t be forced to give up her right to go into court. Not all employers and their lawyers think that these agreements are necessarily good. Before an employer goes down that path, it should think carefully about all the implications and seek legal counsel.
“PowerPoint Makes Us Stupid”
The title is a direct quote from General James Mattis of the Marine Corps on the source of considerable debate in the military. In a New York Times article, General Stanley McChrystal, leader of American and NATO forces in Afghanistan, is also quoted as saying, after looking at an incomprehensible PowerPoint slide last summer: “When we understand that slide, we’ll have won the war.” Notwithstanding these anti-PowerPoint sentiments (and others, see Execupundit and Cultural Offering), most military leaders believe that “death by PowerPoint” will prevail.
Morgan on Goldman Sachs?
With bankers, Wall Street, financial regulation, and especially Golden Sachs’ CEO being all the talk these days, a quote from J. P. Morgan (the person) seems in order. Depending on one’s point of view, Morgan was either way ahead of his time or just as greedy (worldly, if you like) as anyone you’ll meet today. Morgan could be callous, but in an honest sort of way. Might the following quote apply to the appearance of Goldman’s CEO before Congress?
Toyota, Trust, and Talk
A few days ago, I did a post about the demise of trust and its impact on employers and employees. About three months ago, I did a post on employment lessons to be learned from Toyota’s recent problems (which have gotten worse since the post). It’s fair to say that Toyota receives mixed reviews on how it’s handled the safety concerns that won’t go away. There are still lessons to be learned, and Toyota’s final review won’t occur until much later.
Handbooks: Email and Porn Forever
The recession caused by Wall Street’s recklessness and the Securities and Exchange Commission’s derelection of duty isn’t funny. Millions of Americans still suffer. The latest chapter of the blame game has become somewhat humorous, however, while simultaneously reminding employers of handbook policies that have employment law implications. I’m talking, of course, about policies dealing with email and pornography.
Extra! Extra! Read All About It: Money Doesn’t Motivate
In a recent News Hour special report (“What Drives Motivation in the Modern Workplace?”) by Paul Solman, a counter-cultural point of view is explored. Part of this point of view is based on Daniel Pink’s two books, A Whole New Mind and Drive, and a look at Maryland-based System Source, a computer sales, service and consulting company. The point of view is that money doesn’t motivate employees.
Boy Scouts Hit With Another Verdict, This One $18.5 Million
In a recent post, I reported on a jury verdict rendered against the Boy Scouts in Oregon. The amount of the first verdict was $1.4 million in compensatory damages. As noted in that post, a second phase of the trial would determine the amount of punitive damages — possibly up to $25 million. The case involved alleged sexual abuse by a Scoutmaster decades ago.
When You Don’t Have Time — Tip of the Week
Last week, I was in New Orleans for the annual meeting of the Employers Counsel Network, sponsored by M. Lee Smith Publishers. It’s always terrific to spend time with lawyers from around the country who edit the 50 state employment law letters published by MLSP.
How Long Do You Wait To Discipline An Employee?
The first answer that comes to mind is: You don’t wait. That could be misinterpreted, however, so some explanation is in order. An answer that certainly doesn’t come to mind is: You wait a long time; or You wait for something else to happen; or You wait as long as you like, because it doesn’t matter how long you wait.
