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Welcome to ELT’s blog – the Ethical Employer
ELT has firmly held a thought leader position in the ethics and compliance training industry since 1997. We have done so by driving the conversation about best practices underpinning employee training, keeping legal, compliance and HR professionals abreast of the ever changing employment law landscape, and bringing together some of the best and brightest minds to discuss how employers can and should build an organizational culture based on respect, ethics, and inclusion while protecting their bottom line.
Transgender Employees Protected Under Title VII
Posted by Shanti Atkins
In a landmark Equal Employment Opportunity Commission (EEOC) ruling (Macy v. Holder, Appeal No. 0120120821, Agency No. ATF-2011-00751, April 20, 2012) the EEOC ruled that “intentional discrimination against a transgender individual because that person is transgender is, by definition, discrimination ‘based on . . . sex’ and such discrimination . . . violates Title VII.”
Trend Watch 2012: Employers Take Harassment Training Global
Posted by Shanti Atkins
US laws protecting employees from harassment and discrimination are well developed and entrenched in our business culture. Federal and state anti-discrimination laws have matured and evolved to address more than just the most blatant forms of harassment. The importance of training on employment discrimination, retaliation, and harassment prevention is no longer in question—it’s a business imperative.
Stunning $168 Million Jury Verdict Sends Strong Message to Employers
Posted by Shanti Atkins
Complaints about the high cost of medical care and insurance are commonplace. Our medical bills are often unpredictable and outlandish. And many Americans struggle to pay for the medical services they really need.
But this time, it’s a hospital and some raunchy doctors that are stuck with a bill that’s enormous and unprecedented.
A California jury on Thursday handed down a stunning $168 million verdict (possibly the largest single plaintiff verdict in U.S. history) in a sexual harassment and retaliation case¬. This jury sent an incredibly strong message to employers across the country—take sexual harassment and retaliation seriously or pay the price.
EEOC Releases Charge Stats for FY11: Charge Numbers Hit All-Time High & Retaliation Tops The Charts
Posted by Shanti Atkins
The EEOC just released its FY11 charge numbers. If you were hoping to see some relief… well, it’s not there.
The EEOC received a record number of charges in FY11– 99,947.
It’s a small increase over last year (in FY10 they received 99,922 charges) but it’s still trending up. The EEOC also achieved record recovery for claimants; The Commission obtained $455.6 million in relief.
Whistleblower Protections Expand Again: SOX Whistleblowers Can Bring Civil RICO Claims
Posted by Shanti Atkins
The 7th Circuit just decided an interesting case, and one that the National Whistleblower Center heralds as a “landmark ruling.” In Deguelle v. Kristen J. Camill, et al. (7th Cir. Dec. 15, 2011), the court held that retaliation against a whistleblower who reported a tax fraud scheme involving his employer S.C. Johnson & Sons, Inc., can be a predicate act under RICO (Racketeer Influenced and Corrupt Organizations Act).
Survey Results Are In: Retaliation Against Whistleblowers At An All Time High
Posted by Shanti Atkins
Today the ERC (Ethics Resource Center) released its National Business Ethics Survey. The survey is chock-full of great information but it’s the retaliation stats that caught my eye.
65% of employees who witnessed misconduct said they reported the bad behavior – an all time high. That’s the good news.
But the bad news for organizations across America is that retaliation against whistleblowers is on the rise. And it’s not just a slight increase.
New NLRB Rules Implement Controversial Elements of EFCA
Posted by Shanti Atkins
The Employee Free Choice Act (or EFCA) is something we hear very little about now. Just a few short years ago, however, EFCA generated a lot of noise and energy. But the political landscape shifted, and EFCA became a faint memory.
That is, until President Obama appointed members of the National Labor Relations Board who, through administrative action and rule making, are working to impose many of the concepts in EFCA; this activity by the NLRB is often referred to as “EFCA Lite” and has led to some controversy.
Actions taken by the NLRB and DOL (as we first noted in our August 4, 2011 blog post) have attempted to make it easier for unions to organize employees.
Avoiding Holiday Party Headaches & Litigation Hangovers
Posted by Shanti Atkins
Articles and blog posts on the legal risks associated with holiday parties are everywhere this time of year. Just Google “holiday party and harassment” and you’ll get over 2,000,000 results. They may not all be relevant, but you get the picture.
The articles with solid advice all say about the same thing…
New Massachusetts Law Prohibits Discrimination On the Basis of Gender Identity & Gender Expression
Posted by Shanti Atkins
On November 23, 2011, Massachusetts joined 15 other states and the District of Columbia to provide protections to individuals on the basis of gender identity and/or gender expression.
SEC Issues its First Whistleblowing Report Under Dodd-Frank
Posted by Shanti Atkins
The Security and Exchange Commission (SEC) just released the 2011 Annual Report on the Dodd-Frank Whistleblower Program. Its first (of many to come) annual report to Congress.
Clearly, the SEC has been busy.
