Oct27TueOctober 27, 2020
Source: with permission: https://telioslaw.com/blog/ten-ways-land-court-over-sexual-harassment
Harvey Weinstein, Matt Lauer, Al Franken—and the list goes on. High-profile sexual harassment allegations have shaken up Hollywood, the media, and politics. But don’t think that this trend is confined to celebrities. They are not the only ones who can, and do, abuse power. Sexual harassment by employees, if not dealt with swiftly, can create a toxic work environment as well as land even small organizations in hot water. In light of this timely topic, here are ten easy ways to end up in court over sexual harassment. Topics in this “what not to do” list are examples taken from actual cases.
Before diving into this list, it is important to remember when organizations can be held legally liable for sexual harassment that happens to their employees. A key defense exists to sexual harassment liability for organizations, called the Faragher/Ellerth defense. In order to take advantage of this defense, an organization must prove “(a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm otherwise.”1 With that in mind, let’s dive into the list, as many of these easy ways to fail are ways to lose this defense.
“Each day of our lives we make deposits in the memory banks of our children.” Charles Swindoll
One of the biggest decisions we have to make during our lives is whether or not we will become parents. For some, this was a no-brainer - What do you want to be when you grow up? A mommy, or a daddy!
When we had children, did we ever anticipate that we would be bringing children into a COVID world and needing to protect them not only from predators, allergens, childhood illnesses, but also pandemics?
Today, desperate parents are trying to make the decision as how best to educate their children in a COVID world? Everyone has an opinion as to what is best for your child. Even your child has an opinion.
The options most parents are faced with are, sending their children back to daycare and school, school by internet at home or at a caregivers, learning pods, or homeschooling.
The tension of making this major decision is causing parents everywhere to panic.
Arguments fill the room and phone lines with tension.
Our emotional and mental states are in the danger zone.
Your children are bored.
The virus still is waiting to find another victim.
The clock is ticking down.
Your employers are growing impatient for you to either return to work or to be less distracted.
Child abuse is on the rise.
OK – time out! Take 5. Breathe …. Breathe deeply.
“Female karate teacher sends nude photos to 11-year-old student and invites him over to her house for sex.”
“Youth pastor accused of sending sexual texts to 15 year old.”
“Camp Director sends inappropriate snapchat messages to campers.”
“Teacher sentenced for texting student thousands of times.”
Jun29MonJune 29, 2020
The Netflix documentary Athlete A , directed by Bonni Cohen and Jon Shenk, details the story of the USA Gymnastics (USAG) sex abuse scandal that utterly shocked the world in recent years. Through the lens of interviews with survivors and a thorough account of the Indianapolis Star journalists who first dug into this story, the film poignantly...
I am sure that similar to myself, your heart has been heavy with the news that is coming from the United States after the senseless murder of George Floyd.
How is it even possible that those that have sworn to protect and serve are using such brutal force that they can murder an individual while bystanders are watching. Does the word protect mean nothing! What are we striving to protect? Property, reputation, liberty, power, position ... or people?
Is it alright to sacrifice one in the name of many?
George Floyd was murdered by police officers, while bystanders looked on. This senseless act, devaluing a life, is not new. For centuries people have looked on, both up close and from a distance: Jerusalem, Rome, Europe, Middle East, First Nations, Slavery, South Africa, Rwanda, and now among people of colour at the hands of law enforcement. Silence is complicity.
May26TueMay 26, 2020
Apr24FriApril 24, 2020
Often the impetus for implementing abuse prevention and safety within our organization is either qualifying for insurance or reacting to allegations or incidents of abuse. This perspective leaves many organizations feeling like abuse prevention is something they HAVE to implement, another thing on a to-do list.
What if we approach...
Mar30MonMarch 30, 2020
If you’ve ever flown on an airplane, you might recall hearing the flight attendant say the following words as part of health and safety procedures before takeoff: “In the unlikely event of an emergency, oxygen masks will automatically appear in front of you. Place it firmly over your nose and mouth, and breathe normally. If...
Mar2MonMarch 2, 2020
On the weekend of February 22 nd 2020, Canadians learned of the devastating results of an independent inquiry, undertaken by L’Arche International –a non-profit organization committed to the protection and empowerment of persons with intellectual disabilities in 38 countries worldwide –which investigated allegations of abuse by...
In an effort to provide safety and protection, I encourage you to view health and safety from a broad and holistic perspective still embracing a compassionate and inclusive approach where we refrain from discrimination, undue hardship and causing fear and stress.