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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.
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.”
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