The slogan, \u201cEvery kiss begins with Kay,\u201d may now be taking on some unintended connotations given the multitude of allegations of sexual harassment and discrimination levied against Sterling Jewelry Co., the multi-billion-dollar conglomerate including Jared and Kay Jewelers.\u00a0 As Heather Ballou, a former store manager at Kay who is part of a class action arbitration case against Sterling, put it when describing the company\u2019s culture, \u201cThey think, \u2018Every kiss begins with Kay\u2019 but they don’t know how many unwanted kisses come from that kiss.\u201d\u00a0<\/p>\n
On February 27, 2017, The Washington Post published an article detailing the class action arbitration case, first filed in 2008 by over a dozen women, now including 69,000 women currently and formerly employed by Sterling.\u00a0 Approximately 250 women and men filed sworn declarations in the arbitration, alleging that female employees were routinely groped, demeaned, and urged to sexually carter to their bosses to keep their jobs from the late 1990s through the 2000s.\u00a0 Although most of the declarations were written years ago, they were only recently permitted to be released publicly, on February 26, 2017.\u00a0<\/p>\n
While the complaints focus on pay and promotion based gender discrimination, the recent release of the declarations have put the spotlight on the allegations that Sterling allowed a widespread culture of rampant sexual harassment, including mandatory annual managers\u2019 meetings that former employees describe as a boozy, no-spouses-allowed \u201csex-fest\u201d where female employees were aggressively pursued, grabbed and harassed.<\/p>\n
<\/span>Sterling denies the allegations, calling press accounts of the case \u201cdistorted and inaccurate,\u201d and referring to the fact that the complaints are based on claims of gender discrimination, not sexual harassment.\u00a0 David Bouffard, a Sterling spokesman said the company \u201cthoroughly investigated the allegations and have concluded they are not substantiated by the facts and certainly do not reflect our culture.\u201d\u00a0 He also referred to the company\u2019s policies and procedures in place to address allegations of harassment, and encouraged employees to report workplace concerns so the company can investigate and respond appropriately. \u00a0<\/p>\n <\/span>EEOC Renews Focus on Workplace Harassment<\/strong><\/p>\n This latest controversy comes at a time when the Equal Employment Opportunity Commission (the \u201cEEOC\u201d) has renewed its focus on workplace harassment.\u00a0 In June of 2016, the EEOC\u2019s Select Task Force published a \u201c<\/span>Report of the Co-Chairs of the EEOC Select Task Force on the Study of Harassment in the Workplace.<\/em><\/span>\u201d\u00a0 The genesis of the study was the recognition by EEOC commissioners that harassment complaints continue to flood the agency even though liability for harassment has long been established, reputational harm from harassment is well known, and an entire cottage industry of workplace compliance and training has existed for thirty years.\u00a0 Indeed, the EEOC\u2019s recently published charge filing statistics for FY 2016 show that<\/p>\n The Task Force\u2019s Report seeks to reboot workplace harassment prevention efforts by providing recommendations regarding harassment prevention policies and anti-harassment compliance training.<\/p>\n <\/span>On January 10, 2017, the EEOC released its proposed Enforcement Guidance on Unlawful Harassment for public input.\u00a0 The proposed guidance was a companion piece to the Task Force Report and explains the applicable legal standards for harassment claims under federal discrimination laws.\u00a0 While much of the guidance deals with matters addressed previously by the EEOC, the EEOC appears to be taking it a step further by making suggestions for employers, including policy and training suggestions.<\/p>\n <\/span>Both the Task Force Report and proposed Enforcement Guidance make clear that the EEOC does not have all the answers to prevent harassment in the workplace.\u00a0 Rather, effective harassment prevention requires input and active engagement from everyone, including employers, employees, labor unions, academics, community leaders and attorneys.<\/p>\n The Study of Harassment in the Workplace:\u00a0 Making the Case for Creative Training<\/strong><\/p>\n The Task Force Report is a comprehensive examination of the existence, causation, and costs of harassment in the workplace. The Report\u2019s key findings are that: (1) workplace harassment remains a persistent problem; (2) workplace harassment too often goes unreported; (3) there is a compelling business case for stopping and preventing harassment; (4) prevention starts at the top \u2013\u2013leadership and accountability are critical; (5) training must change; (6) new and different approaches to training should be explored; and (7) harassment in the workplace will not stop on its own\u2013\u2013it\u2019s on all of us to be part of the fight to stop workplace harassment.<\/p>\n The Report focuses, in large part, on providing recommendations regarding anti-harassment compliance training.\u00a0\u00a0 Specifically, the Report recommends:<\/p>\n The Report emphasizes the importance of targeted and comprehensive training.\u00a0 Given the emphasis on targeted training, employers may want to reconsider the use of generic or \u201ccanned\u201d training programs.\u00a0 Instead, employers should seek implementation of training programs that specifically \u201cfit\u201d with their business and workforce.\u00a0 For example, the Report explores \u201cbystander intervention training,\u201d which is a type of training specifically tailored to combat sexual violence on school campuses.<\/p>\n The Proposed Enforcement Guidance on Unlawful Harassment: It Starts at the Top<\/strong><\/p>\n <\/span>Like the Task Force Report, the proposed Enforcement Guidance stresses that effective harassment prevention at an organization begins at the top levels of leadership.\u00a0 This is premised on the theory that workplace culture has the greatest impact on allowing harassment to flourish, or conversely, in preventing harassment.\u00a0 Senior leaders in a company are the \u201ccornerstone of a successful harassment-prevention strategy\u201d to create and maintain a culture of respect where harassment is not tolerated.\u00a0 They are responsible for ensuring that those who engage in harassment are held accountable\u2013\u2013even star performers.\u00a0\u00a0 In this regard, the EEOC notes that too often employers make an improper cost-benefit analysis when faced with allegations of harassment against a highly-valued employee.\u00a0 Employers are often tempted to ignore misconduct for fear of costs to the company when, in reality, the cost of allowing harassment to continue is far higher than the cost of losing a revenue generator.\u00a0<\/p>\n <\/span>A prime example is the recent sexual harassment claims made by a former Uber female engineer.\u00a0 In a blog post, the engineer described systemic issues of sexual harassment and recounted instances in which she and other female employees were openly propositioned by a manager.\u00a0 By her account, when she brought the behavior to the attention of Uber\u2019s HR department, she was told the manager would not be punished because he was a \u201chigh performer\u201d and it was his \u201cfirst offense.\u201d\u00a0 Uber\u2019s CEO, Travis Kalanick, quickly responded to the blog post, stating \u201cWhat\u2019s described here is abhorrent and against everything we believe in. Anyone who behaves this way or thinks this is OK will be fired.\u201d\u00a0 Uber hired former U.S. attorney general Eric H. Holder, Jr. to investigate the sexual harassment claims.\u00a0 It remains to be seen if Uber\u2019s attempts at damage control will succeed or if this latest controversy will damage the company\u2019s business.<\/p>\n Preventative Steps to Combat Harassment <\/strong><\/p>\n <\/span>The EEOC suggests such senior leadership may be demonstrated by clearly and frequently stating that harassment is prohibited and will not be tolerated and by allocating sufficient resources for effective harassment prevention strategies.\u00a0 Below are additional specific steps the EEOC urges senior leadership to take to combat harassment:<\/p>\n While some of these suggestions may seem intuitive, the proposed guidance serves as a reminder that employers should be consistently reviewing their policies and procedures and considering revisions where appropriate.<\/p>\n <\/span>As EEOC Chair Jenny R. Yang noted upon releasing the proposed guidance for public input, \u201c[h]arassment remains a serious workplace problem that is the concern of all Americans. It is important for employers to understand the actions they can take today to prevent and address harassment in their workplaces.\u201d\u00a0 Almost one third of the approximately 90,000 EEOC charges in both FY 2015 and 2016 included allegations of workplace harassment.<\/p>\n <\/span>Given the increased focus on issues of harassment in the news and by the EEOC, employers should review their policies and implement training programs tailored for their business. Here is a checklist to help you stay on the right path to prevention:<\/p>\n The scrutiny on workplace harassment is only likely to increase, and employers should take a proactive approach to ensure their business maintains a culture of respect where harassment is not tolerated.<\/p>\n","protected":false},"excerpt":{"rendered":" The slogan, \u201cEvery kiss begins with Kay,\u201d may now be taking on some unintended connotations given the multitude of allegations of sexual harassment and discrimination levied against Sterling Jewelry Co., the multi-billion-dollar conglomerate including Jared and Kay Jewelers.\u00a0 As Heather Ballou, a former store manager at Kay who is part of a class action arbitration […]<\/p>\n","protected":false},"author":5,"featured_media":890,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_mo_disable_npp":"","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[4,6,10],"tags":[],"acf":[],"yoast_head":"\n\n
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