I was working on a summary of a case called Miller v. Dept of Corrections for the community when, like fate, this question was posted to the forum by a woman who was feeling driven from her job by her boss: QUESTION: [Edited for clarity] "I don't think he's discriminating based on sex, race or religion. He just didn't like what I said one day, which was that he "should be more discrete with that girl in accounting" since he is married. He has had it out for me ever since. He gave me a horrible review. I went to HR with examples disproving the review. They pushed it to the side and agreed with him. I talked to his boss and stated if someone was going to be given a review that bad then examples should accompany it. She said "Well, he said he told you about it". I work in a … [Read more...]
Three Female Employees Win $485,000 For Retaliation & Sex Harassment from Fred Meyer Stores
SEATTLE - Fred Meyer Stores, Inc. (Fred Meyer) will pay $485,000 to three female victims of sexual harassment and retaliation to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the EEOC announced today. According to the EEOC's suit ( EEOC, et. al. v. Fred Meyer Stores, Inc. No. CV08-0208 HA, United States District Court of Oregon), the company's practice of harassing female employees occurred during 2004 through 2005 at the Fred Meyer Oregon City store. The EEOC says the sexually hostile work environment started at the top, with illegal conduct by the store director and operations manager. The EEOC further asserted in the litigation that the store director and operations manager repeatedly subjected females to graphic sexual discussions, … [Read more...]
Avoiding the Axe…Part Two — by Jenn S.
Here are a few more tips for keeping on the straight and narrow at work and avoiding many of the common pitfalls that I have seen result in many lost jobs… DON’T gossip. It’s hard, I know. I have a hard time following this one myself. Gossip is just so fun. Though talking about other people’s faults and foibles can be great entertainment, it can also cause a lot of problems. Generally speaking, people don’t like to be gossiped about and when word gets around that you’re one of the folks spreading other people’s business to all parts of the office, you might become the target of some unpleasant commentary yourself. Office dramas and rivalries often begin with what some might characterize as harmless gossip and end with someone losing a job or at least being moved or … [Read more...]
I’m Being Harassed at Work! What Can I Do?
By Jenn S. Illegal harassment in the workplace is no joke. Workplace harassment involves unwelcome and offensive conduct that is based on race, color, national origin, sex (including pregnancy), religion, disability, or age (age 40 or older). Many states also have other protected classes so it is important to be familiar with your own state’s discrimination laws. Some examples of harassment include offensive or derogatory jokes, racial or ethnic slurs, pressure for dates or sexual favors, unwelcome comments about a person's religion or religious garments, or offensive cartoons or pictures, to name a few. Keep in mind, however, that not all workplace harassment is illegal. Discrimination laws generally do not prohibit simple teasing, offhand comments, or isolated incidents … [Read more...]
STEP 5 of Walking The Plank Toward Termination: Is Your Boss Hassling You About Tiny Aspects of Your Work?
If you feel like your boss has suddenly started hassling you about tiny, and seemingly irrelevant aspects of your job, then a red flag should go up in your mind. This is another tell-tale sign that your boss is on the hunt for an employee to terminate -- you. Your boss may be trying to "build a record" of documented mistakes you have made, in order to justify terminating you. Your boss probably has not given you any negative feedback for years, if ever. And when the boss evaluates the major parts of your job -- everything is fine. So, instead of noting your solid performance and moving on, your boss redoubles his or her efforts to find something, anything, that you are doing wrong. This leads your boss into the tiny minutiae of your job -- items that you can't really say are … [Read more...]
10 Steps of Walking the Plank Toward Termination: STEP 3, Your Good Work Gets No Rewards
A law firm partner who wanted me fired used to sing my praises, calling me a "golden boy" and going on and on about how I seemed to have a "magic wand" that would solve all the partner's problems. Now, this partner's inability to remember to take all their pills each morning was not my doing, but it was nearly my undoing (ever had a boss like this?). One day I had obtained an especially good result for a demanding client in a challenging case. I was exuberant as I bounded into my boss's doorway and blurted out "Did you hear how the judge ruled on our Rule 11 motions? Granted! We got them!" I fully expected my boss to jump out of their chair and hug me, or at least shake my hand and offer to call the client and give me credit for the victory. Instead I got a cold emotionless … [Read more...]
Does Your Boss Harass You Like This?
One of the most frequently recurring patterns of conflict in the workplace is when a New Supervisor joins a department and ruins everything the senior employees liked about their jobs. Company Executives often assign the New Supervisor the task of “clearing out the dead wood” or “cleaning house.” Excited to have his or her first supervisory job, the New Supervisor charges into the task of “cleaning house” with all the delicate subtlety of a pro wrestler. Is the New Supervisor just doing their job, or buying into a company policy and practice of age discrimination toward older “dead wood” workers? True Story: A New Supervisor at Best Buy bought into the task of clearing out 54 year old Jolyn McDonald, big time. McDonald worked at Best Buy for 17 years before the New … [Read more...]
Tweeters Hate Working, Especially on Mondays
Tracking comments on Twitter about work related topics has been like getting to see all the morning drive-time auto collisions, all across the country, all at once. People on Twitter like to gripe, and they like to gripe about work. The following comments come from tracking the words "Hate work" over the last 48 hours, which includes the weekend! You would think there would be less anger expressed toward one's job on the days most people are off work... but, maybe those who are forced to work weekends are especially vocal with their angry dismay over laboring away while their friends play (one Tweet said almost exactly that). Without further ado, here's the best of hating work from Twitter posts during the last 48 hours. (If my readers find this "best of Twitter" concept … [Read more...]
Hostile Workplace Podcast #3: Straight-Male to Straight Male Sex Harassment
Download PDF Transcript Episode #3 of the Hostile Workplace Podcast, by the Undercover Lawyer To access this podcast through the iTunes music store (for free) click HERE. Announcements In Epsisode #3 I mentioned that you can follow me on Twitter. In you are not familiar with it, Twitter is a “micro-blogging” site, where people can post short, text message length updates about what they are doing each day. You can see it for yourself at www.Twitter.com . My username on Twitter, if you would like to follow me, is “Undercover_Lawr”. Quick Tip For the Quick Tip, we talked about how employees have zero expectation of privacy for anything done with their work computer, or their work network (like signing in from home – still utilizes work network). Feature Segment – … [Read more...]
Age Discrimination: Beware a Sudden Change in Your Performance Appraisals
Starbucks announced it is closing 600 stores. American Airlines announced it is laying off 900 flight attendants. Polaroid is shutting down two manufacturing plants. The computer chip maker AMD is cutting 10% of its workforce. From coffee to cameras, to computers to planes, people across all industries are facing mass layoffs and the potential to lose their jobs. As an employment lawyer, I always advise companies that the only safe way to conduct a layoff is to follow this simple rule: “Last hired, first fired.” Defense attorneys love this way of selecting employees for layoff, because it is objective. There no way for discriminatory motives and biases to creep into a system that is based solely on dates of hire. But do companies use “Last hired, first fired”? Usually not. … [Read more...]
