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Amgen to gift $3 million
to Boys & Girls Clubs |
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Cal Johnston,
Chairman of the Boys and Girls Clubs of Conejo & Las Virgenes,
speaks at the announcement and presentation of Amgen’s $3 million
gift. |
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In the aftermath
of recent terrorist threats, many have openly
expressed anger and hostility toward members of
particular religious and ethnic groups.
Given the present climate of heightened sensitively
and scrutiny regarding certain racial and religious
groups, employers must focus on recognizing harassment
issues in their workplace. They also must educate
their employees and managers about workplace policies
forbidding such harassment and their respective
duties regarding such acts.
Employer liability for sexually harassing conduct
of its supervisors is well established. An employer
may be strictly liable for the sexually harassing
conduct of a supervisor that creates a hostile
work environment. Where the supervisors conduct
results in a "significant change in employment
status", such as hiring, firing, or failure to
promote, the employer will be vicariously liable
for the conduct of its supervisors. The employer's
best defense to avoid liability is a clearly annunciated
policy against harassment, defined procedures
for reporting harassment and to take prompt action
to correct harassing behavior when it occurs or
is reported. Recent court decisions have applied
the vicarious liability standard to claims of
religious hostile work environment and racial
harassment. |
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Given this broad potential for liability, employers
must be alert to and be ready to address all potential forms
of workforce harassment. The following are some practical
guidelines for preventing and possibly addressing these issues:
Meet with your management team and discuss these issues. Ask
them to be on heightened alert for ethnic, religious and racial
slurs, jokes and derogatory stories. Let them know you expect
them to be the first line of defense.
Re-circulate your workplace harassment policy to all employees
with a special message asking all employees to demonstrate
tolerance towards co-workers.
In the same message, encourage all employees who believe they
have been victims of harassing or discriminatory treatment
to come forward and report such treatment. Reassure employees
their concerns will be promptly addressed.
Do not let any inappropriate conduct go undressed. This is
not a time to let bad conduct "slide" on the belief that people
should be allowed to vent their feelings of frustration and
anger.
Consider providing sensitivity training for all employees
or just for managers, especially if the workforce is diverse.
Act consistently: treat harassing conduct toward your Middle
Eastern employees as a serious violation.
Newton Brightwell is an attorney with Chulak & Shiffman LLP,
Attorneys at Law. Questions can be sent by E-Mail to NewtonB@MTCLaw.com
or faxed to (818) 991-5077. Answers are general in nature.
An attorney should always be consulted when legal advice is
needed. |
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