Monthly Archives: October 2017

Suspicious Behaviors Common in Workplace Harassers

After 30 years of advising employers, conducting sexual harassment investigations, and defending companies sued for discrimination and harassment, I have developed a list of suspicious behaviors that I see repeatedly among sexual harassers in the workplace.

I don’t think of myself as precogniscent of whether a person is actually a harasser or not prior to investigating a complaint, but I have repeatedly seen what I would call these “red flag” behaviors that certainly make it more likely that a supervisor may be accused of harassment at some point.

From the stories in the press about the sexual misconduct of Harvey Weinstein, Roger Ailes, and others, it appears from witness statements that many of these warning signs were present and ignored by their companies before the complaints about their misbehavior finally came to light.

Red flag behaviors that employers should take very serious notice of even before a harassment complaint is filed include:

  • Any inappropriate remark at work by a supervisor that has racist, sexist or other prejudiced overtones;
  • Criticism directed towards employees of one gender, one race, those of different religious beliefs, etc. and not towards ones of the supervisor’s own gender, race or religion;
  • Comments by a supervisor that are often about an employee’s or applicant’s appearance or personal attributes rather than work-related competence;
  • A supervisor who verbally hits back aggressively when challenged by someone “beneath” the supervisor;
  • Unprofessional online behavior, such as forwarding questionable emails or viewing porn at work;
  • Attempts to cover tracks, for example, by using a texting service like Snapchat that quickly destroys messages for what are allegedly work-related conversations;
  • Flirting by a supervisor, even if it seems harmless, that makes the object of the flirting uncomfortable;
  • A supervisor who complains repeatedly about his/her marriage and acts like the victim in that relationship;
  • Supervisor dating a subordinate;
  • Supervisor who can’t be trusted to behave correctly around alcohol, such as during the company Christmas party or softball game;
  • Gifts given by a supervisor to a particular subordinate and not to others; and
  • The settlement of a prior sexual harassment complaint for an eye-popping $32,000,000 before the employer has to pay to settle five other claims. Let’s just call that one the O’Reilly Factor.

Continue reading Suspicious Behaviors Common in Workplace Harassers

Is a Helicopter Spouse or Parent Hovering Over Your Workplace?

As an employer, can you insist on an employee talking for himself rather than you listening to input from his helicopter spouse or parent? Thankfully, the answer is “yes”.

You do not need to allow an applicant’s parent or spouse to fill out the application, set up the interview, attend the interview, ask questions by text during the interview, call to ask how the interview went, or insist on knowing the salary and terms of employment when the job is offered.

In fact, if any of these occur when you are considering a job candidate, I would have to question your judgment if you hired that candidate without seriously pondering his/her maturity to actually handle a job at your company.

You are not alone if you have had to fend off interfering parents as an employer.

In 2007, the Collegiate Employment Research Institute at Michigan State University published a survey of 725 employers that found that nearly a quarter had encountered parental involvement in the hiring process and the early stages of workers’ careers.

Within that group of employers, more than 30 percent reported parents submitting a résumé for their children; 15 percent reported fielding complaints from a parent when the company didn’t hire their child; and nearly 10 percent said parents had insinuated themselves into salary and benefit negotiations.

New York Times, June 21, 2017.

Similarly, once an employee is working for you, you should let the employee be his/her own mouthpiece. Draw some boundaries and insist that all interactions regarding the employee’s performance, salary, attendance, misbehavior, and termination be conducted only with the employee. If the employee says he/she prefers her helicopter spouse’s involvement, say “no” and remind the employee that if he/she can’t speak for himself/herself, the employee may not be professional enough to work for your company.

I bring this up because after 30 years of employment law practice, I often think there is nothing new under the sun. Granted, Amarillo tends to lag behind nationwide trends. But for the first time this year, I have encountered this helicopter family problem frequently enough that I am recommending a new written policy to my clients along the lines of “ABC Company will discuss job-related matters only with the employee himself or herself and not family members, significant others or friends.

Sadly, the advice requested recently of me that prompted me adding this policy to employee handbooks was not pushy parents—it was helicopter spouses (or fiancées or significant others). Continue reading Is a Helicopter Spouse or Parent Hovering Over Your Workplace?