2017Issue4_Alabama_v3_COVER_Proof

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Recent harassment training modules have been modified to include the definition and impacts of bullying, according to Stallard, and she says retailers need to be mindful of making sure everyone in the workplace is on the same page. “There are multiple generations in the workplace and the notion that ‘I was hazed and you’ll be hazed’ can’t be tolerated,” she says. “Millennials are looking for a different kind of work environment and have a different set of expectations for how they and everyone else should be treated.” Stallard says tone from the top is very important. You want your people to know you’re holding them to the same standard of behavior that you have. “Consistency is important, too,” she says. “You can’t be all places at all times, so making sure management is on the same page and knows who to call when issues arise is critical.” Stallard also suggests paying attention to the new focus on transgender issues. Issues like unisex bathrooms, gender-related terms and pronouns are all a part of what she calls a new frontier for employers. Employers should be sure to follow the guidance of counsel and need to be mindful and respectful of employees as well as customers,” she advises. “It’s important to maintain a culture that’s welcoming and get some training and advice.” Kasper and Stallard used the word “subtle” over and over. “It’s not Mad Men anymore,” asserts Stallard. “People know what’s against the law and they know they’ll get in trouble. But they should be careful of the subtle stuff and mindful of the little things. There’s this sense, in some places, that rejecting ‘PC’ behavior is OK. It’s not.” For example, she says, employers should be careful to not exclude people from opportunities to bond. Yes, some people naturally develop relationships with each other, or develop familiar relationships online.

“You have to accept that some people get along better than others,” she counsels. “However, there are those little things that make people feel like you’re not taking them into account. It costs you nothing to be inclusive.” And, then always remember that someone is always watching. While most would agree that no single factor contributed to O’Reilly’s fate, many point to a digital campaign which online activists affiliated with the Media Matters website launched against News Corp and its advertising partners as the proverbial straw. A list of The O’Reilly Factor’s advertisers was shared online via Google Docs by Media Matters, a group called Sleeping Giants and others. The list of allegations was shared by these groups to their tens of thousands of followers on Twitter and tweets were targeted directly at the show’s advertisers. Released on April 4, by April 18, more than 80 advertisers had issued public statements confirming they removed their ads from the show, costing the network millions. Fox News announced that it parted ways with their star anchor on April 19. “Social media can fan the flames,” says Kasper. Says Stallard: “I think that generally speaking social media is so instantaneous so things can mobilize very quickly. It’s easier than ever before to get messages to people. Educate your staff, educate your supervisors. Retailers have to be consistent and protect their brand.” ■

harassment claims, says Kasper. Most have mandatory legal arbitration to manage these cases internally, through dispute- resolution processes. She also cites the rise and effectiveness of affinity groups, over the last five years or so, as being a critical part of operations – so there are greater opportunities to discuss issues in a safe place. “Most employers believe it’s better to be safe than sorry,” asserts Elizabeth Stallard, Partner in the Employment Group at Downey Brand, LLP. “The Fox story was prominent but not typical; we’re just not seeing much in the way of ‘quid pro quo’ claims. There’s far less of that kind of behavior in the food industry because it wouldn’t be tolerated.” So it’s important to commit to best practices, says Stallard. In addition to providing employee training programs, it’s important for employers to create a diverse environment where there’s an ability to approach Human Resources departments, to deal with claims quickly and to adopt and enforce a zero-retaliation policy (especially where sexual harassment has been claimed). “Diversity is also important so that employees don’t feel isolated – that there’s no one in their department to go to,” she adds. Not healthy for a company to go through this. Most harassment training can be completed online, says Stallard, and is required every two years if you’re a people manager. They’ve been updated and adapted to the times. “Harassment trainings have been online for a long time but they used to be simplistic and somewhat boring. They’re better now,” she suggests. “You’re no longer just checking the boxes. Nowadays the trainings are more interactive, demonstrate subtleties; you have to engage on what you would do. The answers aren’t that obvious – you really have to put some thought into them.” Three years ago the State of California added bullying to sexual harassment training in the law. And, like Kasper, Stallard has seen an increase in these types of claims.

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