Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group . He is also the managing principal of the Duane Morris Institute . The Duane Morris Institute provides training for human resource professionals, in house counsel, benefits administrators and managers at Duane Morris, at client sites and by way of webinar on myriad employment, labor, benefits and immigration matters. Read Jonathan's blog at the Duane Morris Institute or follow him on Twitter @Jonathan_HR_Law .
By now, I assume you all have read or at least heard about the sexual harassment lawsuit filed by former Fox Channel Host Gretchen Carlson against Fox CEO Roger Ailes. Since then, at least a half dozen other women have said that they, too, were harassed by Ailes.
When you heard about the allegations, which of the following responses comes closest to your immediate (visceral) reaction:
I had the opportunity to talk randomly with a number of #SHRM16 attendees and ask them one question.
The question is based on Steve Wonder's "I Wish."
I asked people what they wished were different about their day to day HR jobs. Here are the top 5 top answers I heard.
1. I Wish I Had More Time with the People (Outside of Emergencies)
Today marks the 30th Anniversary of the Supreme Court's holding that sexual harassment is a form of sex discrimination. It seems obvious to all of us today, but it was not at the time the EEOC took the position. It was not until SCOTUS said the EEOC was right that the EEOC's enforcement position became the law of the land.
We all are well aware of the tragic massacre in Orlando less than a week ago.
In social media, the print media and public discussions, we hear a lot about:
Why is Steve Browne so geeked?
I had the pleasure of interviewing my friend, Steve Browne. Actually, we just talked. All quotes are Steve’s.
I wanted to learn more about the man who will be speaking on Tuesday, June 21, 2016 at 2:15 p.m. His topic: “MEGA SESSION HR on Purpose! Five Ways to Own, Lead and Integrate HR Throughout Your Organization.”
Here are my top 11 words or expressions that none of us should dare say at the Annual Convention under penalty of listening to Barry Manilow for 24 hours straight while reading the FMLA intermittent regulations:
11. Buy in
10. Drivers
9. Synergistic alignment
8. Sea Change
7. Paradigm Shift
6 Knowledge share
5. Change agent
4. Value Proposition
3. Leverage best practices
With all of the focus on the new overtime rules, a major event could be forgotten. One year ago last night we said good bye to Mad Men. For some, it was just a television show. Allow them their blissful naivety. A lot has happened to our friends in the last year with career and life lessons for all of us. So let’s leave the real world for just a moment:
May is celebrated as the Asian American and Pacific Islanders (AAPI) Heritage Month: http://asianpacificheritage.gov/about/. At times, this celebration seems to get much less attention than months dedicated to other groups of the diverse fabric of workplaces.
Perhaps, this is because, as a group, Asian Americans have been largely successful. For example, while less than 30% of the general population has a bachelor’s degree, approximately 50% of Asian Americans do.
In a stunning legal development, the NLRB issued on this morning, April 1, 2016, a public apology for gutting employer rules designed to increase civility and respect. Before reading the apology, please listen to Brenda Lee sing "I'm Sorry." It will help get you in the mood.
The statement of the General Counsel to the NLRB stated, in pertinent part:
We all know the importance of grassroots advocacy. How we go about it may make the difference in whether our message is, in fact, heard. Here are ten (10) keys to consider to maximize the value of your efforts:
When Asian Americans are described, we often hear words such as “so smart” or “so successful.” Indeed, Asian Americans are often referred to as the “model minority.”
The reality is that, as a group, broadly defined, Asian Americans largely have been successful. For example, while less than 30% of the general population has a bachelor’s degree, approximately 50% of Asian Americans do.
But calling a group the “model minority” hurts members of the group and can result in discrimination against individuals outside the group. Here’s why:
Last night was the 88th broadcast of Academy Awards. And, even if you didn’t watch it, then you know that not one person of color was nominated for an Oscar in the categories of best actor or actress in either a primary or supporting role.
The host was Chris Rock. And, with humor and perspective, he nailed it…effectively by reframing it.
Sometimes clients ask me relative to gender:
1. Would it be gender discrimination if we do X?
2. Does the law require that we do Y?
Of course, we need to start with the legal imperative. But, as HR professionals, we know we must transcend the legal imperative and focus on the business necessity (and moral obligation) to ensure gender equality.
There is nothing that I or anyone else can say that captures Dr. King’s words.
So, please watch this and remember that, while we have made progress, we have a long way to go:
Follow me on Twitter at: Jonathan__HR__Law.
As we all know, in EEO termination claims, how we treat the "comparators" is critical. Two (2) key questions:
1. Did you let anyone else go for a same or similar reason?
2. Did you not let someone else go even though they had engaged in same or similar conduct?
What do you do if you have an inconsistent practice historically?
You are a beleaguered HR professional charged with making the holidays lively without inviting lawsuits. On the day of your company’s holiday party, you walk into the lobby of your building and see the elegant Christmas pine that you helped decorate. As you behold it in its twinkling glory, a co-worker says, “That tree is inappropriate in the workplace.”
While we have a tragic divide in the political world, we seem united on at least one issue: we thankfully express support for our Veterans. On this day, we make a point to thank Veterans for their service.
That’s a great start. But it is by no means enough.
