The Kids Are Alright

Millennials love information. Information means transparency. And that means pay equity cannot hide. A case in point: The EEOC prevailed where two high school friends, Jensen Walcott and Jake Reed, applied to work at Pizza Studio as “pizza artists” in 2016. After both were interviewed and offered jobs, Walcott and Reed discussed their starting wages. Upon learning that Reed–the male– was offered 25¢ more per hour, Walcott called the restaurant to complain about the unequal pay. When she did so, the company immediately withdrew its offers of employment from both Walcott and Reed. Not the best practice, maybe the worst.

The Kansas federal court ordered that compensatory, liquidated and punitive damages be paid by the store’s holding company (the store had closed). A very expensive lesson learned:

• Rectify don’t retaliate when mistakes are discovered;
• REVIEW PAY PRACTICES–we can help.  We have a comprehensive pay equity service that has already helped many clients;
• Workers, particularly millennials, will talk about pay and will publish information found online.  Keep ahead of trouble with fair pay policies.

We can help.  Check out our Pay Equity Service http://www.foleyworkplacelaw.com/pay-equity-audit-service.htm

Sexual Harassment at my Company? …Never!

Don’t be so certain that your business is immune to inappropriate behaviors. Just a quick read of the news lately reveals that sexual harassment remains a significant issue in our society.

For a business, the mere threat of a harassment complaint should be scary. A main reason is that a sexual harassment lawsuit of any kind can bring large financial liability. Another, and perhaps more important, reason for concern is the tremendous embarrassment that such claims bring upon a business. The harm to a company’s good will may be permanent. Attracting and keeping good employees becomes harder.

As a result, an employer must regularly inform its staff that sexual harassment will not be tolerated in its workplace. It must have a strong written policy prohibiting such conduct, and it must enforce that policy with zero tolerance.

The employer should conduct annual harassment prevention training for its staff, particularly its managers who are the first line of defense. The managers, who can be personally exposed to liability under certain circumstances, will benefit from an understanding of the law, the risks, the warning signs and their obligations.  Employers and their managers need to be able to recognize behaviors that may be considered offensive and hostile in the workplace, and they must know how to quickly and properly respond. All employees should know and understand their rights and their responsibilities relative to sexual harassment . Good communication about these issues is the best way to prevent harassment and related claims.

A well-crafted training course is therefore a vital risk management tool for all employers. It demonstrates an employer’s commitment to a workplace that is free from sexual harassment and intimidation, and thereby sends a strong and necessary message to the staff about the type of professional workplace you maintain.

Foley & Foley, PC provides sexual harassment prevent training for our clients. If you have a need, you can get more information at 508-548-4888 or via email at tim@foleylawpractice.com.