Category Archives: Harassment_news_Info

Will Supreme Court strengthen or weaken harassment protections?

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We’re in a university setting here, so let me give you a university hypo. There’s a professor, and the professor has a secretary. And the professor subjects that secretary to living hell, complete hostile work environment on the basis of sex, all right? But the professor has absolutely no authority to fire the secretary. What would the Seventh Circuit say about that situation? [Supreme Court Justice Elena Kagan]

Would the Professor be considered the Secretary‘s supervisor in an harassment case — making the employer liable for his actions? I’ll give you the short answer offered up by the Obama Administration’s Deputy Solictor General Srikanth “Sri” Srinivasan — NO. Today’s Supreme Court hearing on Vance v. Ball State featured intense questioning from the justices.  Vance’s attorney, Daniel Ortiz, argued “as Justice Kagan’s question revealed, it produces truly perverse results. Someone who can tell you what to do in your job day-to-day, manage you during the whole job period, what kind of tasks you have to do, was not necessarily considered a supervisor, while the person upstairs in human resources that you may never see or even know would be considered your supervisor.” Continue reading →

Are Companies Liable When Supervisors Harass Employees? Ask the Supreme Court

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Maetta Vance was working at Ball State University when she was harassed by another employee who Vance alleged had the authority to tell her what to do and how to clock her hours. After filing repeated complaints, Vance sued the university for violating Title VII. The university argued that it could not be held liable because Vance’s harasser did not have the power to hire, fire, demote, promote, transfer or discipline her. Lower courts agreed. Vance appealed to the Supreme Court. [ Announcement of Friend of Court Brief filed by National Partnership For Women & Families ]

So, the question before the Supreme Court this Monday is whether or not the definition of supervisor in harassment cases should be limited to only those managers with the authority to hire and fire or discipline an employee.  According to Sarah Crawford, the director of Workplace Fairness, “the Court’s decision will have important ramifications for the ability of victims of supervisor harassment to hold their employers accountable…The case is a chance for the Court to affirm a standard that furthers the purposes of Title VII – to root out harassment and make clear that employers will be held accountable when supervisors violate the law. A contrary ruling will have grave consequences for victims of harassment and the rights guaranteed by our nation’s equal employment opportunity laws. ” Continue reading →

We Know Bullying When We See It – or do we?

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One of the problems with subtler claims of workplace bullying is the difficulty in determining who did what to whom, why and what to do about it.  Here’s an article out of Australia that highlights just how complicated perception can be:

An underperforming Canberra public servant was “bullied” by having her work problems addressed in private meetings with her superior, a Commonwealth tribunal has found.

The Administrative Appeals Tribunal says that the Department of Education, Employment and Workplace Relations (DEEWR) was “insensitive” to the worker’s issues and “humiliated” her by holding one-on-one meetings to talk about her poor performance. Continue reading →

$155 Million Workplace Defamation Award Overturned

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Too many victims of bullying and harassment have seen their reputations torn to shreds as they struggle to heal and find new employment.  In 2010 Dr. Katherine Murphy lost sexual harassment and retaliation claims against the Aventura City charter school she helped found and Aventura City Manager Eric Soroka.  Later an Appeals Court upheld the verdict stating she was unable to prove a hostile work environment and, based on the testimony of co-workers, Soroka did not “single out females as targets for the profanity”:

Murphy testified that she asked Soroka to stop bullying her and that she complained to a former supervisor, Soroka’s assistant, and a city commissioner that Soroka had used “vulgar, inappropriate language,” and engaged in “bullying, yelling, [and] screaming.” Murphy failed to report Soroka’s conduct, formally or informally, to her employer, and Murphy acknowledged that she did not complain to Soroka’s assistant or the city commissioner that Soroka’s conduct was sexually hostile or sexually harassing. The district court correctly entered summary judgment against Murphy’s complaint of retaliation.

Fast forward two years to November 2012.  Murphy wins a whopping $155 million for defamation, conspiracy, and intentional infliction of emotional distress. The Miami Herald reports that: Continue reading →

Increase In Workplace Bullying Policies Not Stopping Abuse

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Workplace bullying is a hot media topic and a growing number of organizations, cities, and communities have folded bullying into existing harassment policies.  But, independent surveys keep reflecting a rise in abusive work relationships.  Why?  A survey conducted by Leadership, Employment and Direction (L.E.A.D) may shed some light on what’s going on here in the U.S.   Here’s an excerpt from an article in Hospitality Magazine on the survey’s result: Continue reading →

Must Read Book About Workplace Bullying Legislation

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Legislators, journalists, advocates and targets will find this book by Patricia G. Barnes a much needed resource with tons of information about workplace bullying and a special focus on current and possible legislation.  Barnes offers honest critique of the proposed Healthy Workplace Bill and brings a fresh perspective and much needed voice to this effort.  You can, like me,  send a “gift” copy to your state legislator to use as a reference that outlines a variety of approaches to prevent bullying. Barnes is an appellate and trial court judge, a licensed attorney and an author of legal books, magazine articles and newspaper op-ed columns. She became interested in workplace abuse and bullying issues Continue reading →