Safety and Health in the workplace is more than just accident prevention. A good safety program needs to look at and address all aspects of working conditions. When looking at safety and health in the workplace, we refer to the conditions as occupational in nature. So to identify just what occupational safety and health is, we break it down into separate components. The three overall components to address in your successful safety program are physical, mental and social safety.

Physical Safety

Maintaining the well-being and physical safety of all workers and building occupants is the physical aspect of a program. Physical safety is critical in the occupational setting. There are hundreds of standards and publications to describe and define how to keep people physically safe at work. There are also hundreds of ways that employers train and educate employees on workplace safety. Physical safety is the first aspect that comes to mind when referring to a safety program. There are many other areas of well-being that need to be incorporate into a safety plan. Ones mental safety is also important.

Mental Safety

Workers mental well-being must not be excluded. If people are physically safe, but mentally unhealthy and exhausted, problems are sure to arise. If you were to ask your employees just what is mental safety? you probably would be surprised at the lack of awareness in the area. In fact many employers are unaware of the importance. One of the best ways for an employer to access the workers mental stability is to review the call-ins or absenteeism rate. Sometimes a lack of respect for ones job will result in a lack of caring. When people don’t care, they could put themselves or others at risk for physically injuries.

Another area of mental safety at work is mental health of workers. Be aware of people and the anxieties that they face or are facing. Depression is on the rise and you may have workers that are battling stress and burnout situations at and away from work. Other serious mental health such as bi-polar disorder can negatively impact your work place and put workers in danger. Make sure that employees that may have a mental health condition manage it with a doctors approval. The next area of safety is that of ones social environment.

Social Safety

Some examples of an employee being socially unsafe is that of a hostile work environment. This takes on many forms. A hugely growing social environment is now online. The amount of time that workers spend online is huge. Although we think of online bullying as a teen problem, your company should enforce rules when it comes to just how much access workers have to internet resources. Passing on inappropriate content through emails or other electronic means can become inappropriate and led to socially unacceptable behavior. This topic should be addressed in yearly training.

Another socially unacceptable behavior is harassment. Harassment takes on many forms. Either physical or sexual in nature. Either way, if people feel uncomfortable around others in the work environment, then they are not in a socially safe place.

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Grasp back control and put an end to your hostile workplace this very moment, grab Work Laws Exposed right now. You can’t alter a position you don’t like and don’t deserve without having an open mind, believing in yourself, and taking action.

Does this sound like a hostile workplace?

I have been employed with my company for ten years, and dealt with difficult customers and co-workers, however since October 2008 a new worker has gradually made a job I once loved doing become one I loathe. This co-worker has made comments that suggest people in the office have slept together just because she herself had screwed up this day, it was reported to HR as a sexual harassment situation – nothing was done ( I know because I would have to deliver the warning/write up). An employee has reported this person for threatening him, and now violence has been shown full force after a large piece of office equipment was hurled across the room by this person. Which was reported to HR along with several other smaller things and nothing has been done
I feel afraid for my well being and those around me, and everyone I try to vent to says this is a hostile workplace, and that I should open a lawsuit. I don’t want money, if I opened a case I don’t even know what I would ask for. Does this sound to anyone else like a case?

Please be honest but not cruel, I don’t want to screw this company, I have been a loyal employee for a very long time. I just don’t see why anyone should be able to put several other co-workers in danger and completely ruin the moral throughout the entire floor.

Answer
I recommend you see the information at the EEOC (Equal Employment Opportunity Commission) on harassment and sexual harassment. You seem eligible to file a claim against the company for failure to take action. The information on how to file a claim is http://www.eeoc.gov/charge/overview_charge_filing.html

Information about harassment and the level of abuse constituting hostile work environment is here: http://www.eeoc.gov/types/harassment.html
and

http://www.eeoc.gov/types/sexual_harassment.html

I suggest you read up on the definitions, see how they match up to your circumstances, and make a decison about filing a claim. As well, it is not just up to you here – you can make the recommendation to other employees to file who feel the workplace is hostile as well.

Employee or labor Unions have long been a concern for various firms. These groups have been formed by the workers in order for them to unite and attain the same goals. Better working environment and indiscrimination has always been the subject of discussion. As this matter worsen in time, employers have come up with many solutions just to pacify their employees.

For instance, workers compensation in California has already mandated that all workers from day one of employment needs to be protected through medical insurance, disability insurance and life insurance. These types of insurance policies have arisen due to the frequent assemblies of the many different labor union groups discussing on how to make the workplace a safer place. The Worker liability insurance policy secures the employees wellbeing by compensating and shouldering the medical expenses if by any means they are injured while on the job.  If the employee should stop working because of the injury, he will then receive reimbursement insurance wherein portions of his salary are refunded.

The hostile work environment definition can include the smallest of what some may call a practical joke or the serious verbal and physical harassment. But mostly it is all about discrimination according to age, sex, race, disability and religion.

In some cases, even the smallest or absence of these alleged hostilities are used by past, present and probable employees to bring the employers to court. To protect the firm along with its officers and directors, employment practices insurance has been acquired by companies against these lawsuits.

These are just some of the many concerns of both the employees and the employers. If they will just compromise then the workplace will be a happy and safe place for one to be at.

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Who do I contact if I feel that my civil rights are being violated in the workplace?

I work for a supervisor that tries to run our workplace like a plantation. He talks down to people and harass employees wherever he interacts with them. He has truly created a hostile working environment. Please Help! Is there a legal remedy for this behavior?

Answer
Check with the local clergy as to who to see in your community. They may offer better and more informative advise.

Also, talk to any union delegate about the matter. And, of course, be ready to seek employment elsewhere as things might get uncomfortable for you personally, then talk to a lawyer about filing a civil suit.

Are you concerned about filing an FMLA claim? Are you working for a hostile, harassing boss that is ruining your days and keeping you awake at night? Do you frequently worry about unfair discipline, nit-picking of your efforts by a bully supervisor, or do you fear that you might even lose your job in the middle of this terrible economy? Get the Undercover Lawyer on your side at Work Laws Exposed

Federal and state laws prohibit discrimination, harassment, and retaliation acts. Employers can be held liable for discriminatory acts in the hiring, retention, promotion, and termination process. Employees are protected with various labor rights that allow litigation as a means to recover damages and penalize misconduct of employers.

 

Key employee laws are: Civil Rights Act of 1964, American with Disabilities Act (ADA), Fair Labor Standards Act (FLSA), Federal Employee Compensation Act (FECA), Family Medical Leave Act (FMLA), and Occupational Safety and Health Administration Act (OSHA).

 

These laws mandate employers to provide equal employment opportunity, fair wage, safe workplace and that is free from discrimination, harassment, and retaliation.

 

Employers who commit violation are exposed to potential lawsuits from employees.

 

A lawsuit can cause financial burden to the company, impair reputation, and cast a negative publicity. It can affect sales and performance as well as the morale of employees.

 

Lawsuits can be prevented. Employers can consult with employment lawyers and have a system for providing fair and effective human resource.

 

A prompt action to an employee’s complaint can prevent litigation.

 

Equal Employment Opportunity (EEO) law mandates employers to deal with discrimination complaints promptly and conduct an immediate investigation. Employers can design the investigation plan and designate a committee who will handle it.

 

You must keep in mind to accomplish three vital things:

 

1. Protect employees and stop the misconduct

2. Abide with federal and state employment laws

3. Protect oneself and the company against the legal consequences

 

Things to consider on Internal Employment Discrimination Investigations

 

1. Choose the right person in charge of investigation. This is a crucial decision as it may affect the process and outcome of the investigation. The company’s human resource manager may be influenced by its relationship with the employee and the involved party/ies.

 

You can choose a legal consultant to conduct the investigation. Either way, remember that the investigator can be summoned as a witness when the case reaches formal litigation.

 

The investigator can use these types of documents to reconstruct events or formulate a hypothesis on the case:

 

1. Printed and soft copy documents. It includes signed papers and emails

2. Employee records

3. Manager’s files

4. Company files

5. Employee evaluation record

6. HR files

 

When gaining access to such documents, there should be a written consent; and employers must make sure that privacy laws are observed. These documents as evidence should be preserved. Destroying any piece of evidence can weaken the validity of the investigation process and result.

 

Consult with a Los Angeles Employment Attorney to learn more on Internal Employment Discrimination Investigations.

Our Los Angeles Employment Law Attorneys handle employment-related issues, ligitate cases and represent workers in employment lawsuits. For more informartion, visit: www.employmentattorneyservices.com and see how we can assist you in filing your employement cases.

FMLA – Can an employer specify a timeframe for reporting intermittent leaves?

I am trying to find out of an employer can specify a time frame for reporting intermittant leaves.

For example, if an employee has FMLA and takes two hours off from their scheduled shift for FML purposes. Can the employer require a timeframe for reporting that leave, or is there a specific timeframe that the leave must be reported by under Federal law?

In my company, if an employee on FML takes intermittent leave they are required to report the leave within 14 days. If the leave is not reported within 14 days it is not considered as valid FML time off and the employee is subject to the company’s attendance policy. Is this a standard timeframe for reporting intermittent leave? Also is this something that an employer can legally enforce?

Answer
YES!

Here is some information:

http://www.dol.gov/esa/whd/fmla/

Also see:

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.500.htm

The employer is required to keep these records:
(2) Dates FMLA leave is taken by FMLA eligible employees (e.g.,
available from time records, requests for leave, etc., if so
designated). Leave must be designated in records as FMLA leave; leave so
designated may not include leave required under State law or an employer
plan which is not also covered by FMLA.
(3) If FMLA leave is taken by eligible employees in increments of
less than one full day, the hours of the leave.

See also:

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.302.htm

(which says “two days” is considered “as soon as practicable.”)

(a) An employee must provide the employer at least 30 days advance
notice before FMLA leave is to begin if the need for the leave is
foreseeable based on an expected birth, placement for adoption or foster
care, or planned medical treatment for a serious health condition of the
employee or of a family member. If 30 days notice is not practicable,
such as because of a lack of knowledge of approximately when leave will
be required to begin, a change in circumstances, or a medical emergency,
notice must be given as soon as practicable. For example, an employee’s
health condition may require leave to commence earlier than anticipated
before the birth of a child. Similarly, little opportunity for notice
may be given before placement for adoption. Whether the leave is to be
continuous or is to be taken intermittently or on a reduced schedule
basis, notice need only be given one time, but the employee shall advise
the employer as soon as practicable if dates of scheduled leave change
or are extended, or were initially unknown.
(b) “As soon as practicable” means as soon as both possible and
practical, taking into account all of the facts and circumstances in the
individual case. For foreseeable leave where it is not possible to give
as much as 30 days notice, “as soon as practicable” ordinarily would
mean at least verbal notification to the employer within one or two
business days of when the need for leave becomes known to the employee.
(c) An employee shall provide at least verbal notice sufficient to
make the employer aware that the employee needs FMLA-qualifying leave,
and the anticipated timing and duration of the leave. The employee need
not expressly assert rights under the FMLA or even mention the FMLA, but
may only state that leave is needed for an expected birth or adoption,
for example. The employer should inquire further of the employee if it
is necessary to have more information about whether FMLA leave is being
sought by the employee, and obtain the necessary details of the leave to
be taken. In the case of medical conditions, the employer may find it
necessary to inquire further to determine if the leave is because of a
serious health condition and may request medical certification to
support the need for such leave (see Sec. 825.305).
(d) An employer may also require an employee to comply with the
employer’s usual and customary notice and procedural requirements for
requesting leave. For example, an employer may require that written
notice set forth the reasons for the requested leave, the anticipated
duration of the leave, and the anticipated start of the leave. However,
failure to follow such internal employer procedures will not permit an
employer to disallow or delay an employee’s taking FMLA leave if the
employee gives timely verbal or other notice.
(e) When planning medical treatment, the employee must consult with
the employer and make a reasonable effort to schedule the leave so as
not to disrupt unduly the employer’s operations, subject to the approval
of the health care provider. Employees are ordinarily expected to
consult with their employers prior to the scheduling of treatment in
order to work out a treatment schedule which best suits the needs of
both the employer and the employee. If an employee who provides notice
of the need to take FMLA leave on an intermittent basis for planned
medical treatment neglects to consult with the employer to make a
reasonable attempt to arrange the schedule of treatments so as not to
unduly disrupt the employer’s operations, the employer may initiate
discussions with the employee and require the employee
to attempt to make such arrangements, subject to the approval of the
health care provider.
(f) In the case of intermittent leave or leave on a reduced leave
schedule which is medically necessary, an employee shall advise the
employer, upon request, of the reasons why the intermittent/reduced
leave schedule is necessary and of the schedule for treatment, if
applicable. The employee and employer shall attempt to work out a
schedule which meets the employee’s needs without unduly disrupting the
employer’s operations, subject to the approval of the health care
provider.
(g) An employer may waive employees’ FMLA notice requirements. In
addition, an employer may not require compliance with stricter FMLA
notice requirements where the provisions of a collective bargaining
agreement, State law, or applicable leave plan allow less advance notice
to the employer. For example, if an employee (or employer) elects to
substitute paid vacation leave for unpaid FMLA leave (see Sec. 825.207),
and the employer’s paid vacation leave plan imposes no prior
notification requirements for taking such vacation leave, no advance
notice may be required for the FMLA leave taken in these circumstances.
On the other hand, FMLA notice requirements would apply to a period of
unpaid FMLA leave, unless the employer imposes lesser notice
requirements on employees taking leave without pay.

Sexual harassment of students is illegal.A federal law,Title IX of the Education Amendments of 1972 (Title IX),prohibits discrimination on the basis of sex,including sexual harassment,in education programs and activities.All public and private education institutions that receive any federal funds must comply with Title IX.Title IX protects students from harassment connected to any of the academic,educational,extracurricular, athletic,and other programs or activities of schools,regardless of the location.Title IX protects both male and female students from sexual harassment by any school employee,another student,or a non-employee third party.

Preventing and remedying sexual harassment in schools is essential to ensure a nondiscriminatory,safe environment in which students can learn.Unfortunately,students,parents,and school staff may not know what sexual harassment is,how to stop it,and what can be done to prevent it from happening.

Sexual harassment is conduct that:

1. is sexual in nature;

2. is unwelcome; and

3. denies or limits a student’s ability to participate in or benefit from a school’s education program.

Sexual harassment can take different forms depending on the harasser and the nature of the harassment.The conduct can be carried out by school employees, other students,and non-employee third parties,such as a visiting speaker.Both male and female students can be victims of sexual harassment,and the harasser and the victim can be of the same sex.

The conduct can occur in any school program or activity and can take place in school facilities,on a school bus,or at other off-campus locations,such as a school-sponsored field trip or a training program at another location.The conduct can be verbal,nonverbal, or physical.

The judgment and common sense of teachers and school administrators are very important elements in determining whether sexual harassment has occurred and in determining an appropriate response, especially when dealing with young children.

Examples of sexual conduct include:

%26gt;%26gt; making sexual propositions or pressuring students for sexual favors;

%26gt;%26gt; touching of a sexual nature;

%26gt;%26gt; writing graffiti of a sexual nature;

%26gt;%26gt; displaying or distributing sexually explicit drawings, pictures, or written materials;

%26gt;%26gt; performing sexual gestures or touching oneself sexually in front of others;

%26gt;%26gt; telling sexual or dirty jokes;

%26gt;%26gt; spreading sexual rumors or rating other students as to sexual activity or performance; or

%26gt;%26gt; circulating or showing e-mails or Web sites of a sexual nature.

Two general types of sexual conduct can deny or limit a student’s ability to participate in or benefit from a school’s program.As discussed below,teachers and other school employees can engage in either type of conduct,while students and third parties can engage in only one type.

One form of sexual harassment occurs when a teacher or other school employee conditions an educational decision or benefit on the student’s submission to unwelcome sexual conduct.If this occurs,it does not matter whether the student resists and suffers the threatened harm or submits to and avoids the threatened harm.

Sexual harassment also occurs when a teacher,school employee,other student,or third party creates a hostile environment that is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the school’s program.Whether such a hostile environment has been created depends on the particular circumstances of the incident(s).Relevant considerations include, but are not limited to:

%26gt;%26gt; how much of an adverse effect the conduct had on the student’s education;

%26gt;%26gt; the type, frequency, or duration of the conduct;

%26gt;%26gt; the identity, age, and sex of the harasser(s) and the victim(s), and the relationship between them;

%26gt;%26gt; the number of individuals who engaged in the harassing conduct and at whom the harassment was directed;

%26gt;%26gt; the size of the school, location of the incidents, and context in which they occurred; and

%26gt;%26gt; whether other incidents occurred at the school involving different students.

The conduct does not necessarily have to be repetitive.If sufficiently severe, single or isolated incidents can create a hostile environment.

Even,young students can engage in sexual harassment.School personnel should consider the age and maturity of students in responding to allegations of sexual harassment.When determining whether a young child has committed sexual harassment,it is important for teachers and school administrators to use good judgment and common sense.

Responding to Sexual Harassment

If a student, his or her parent, or a responsible employee reports the harassment,or a school employee observes the harassment,the school should inform the harassed student (and the student’s parent depending on the student’s age) of the options for formal and informal action and of the school’s responsibilities,which are discussed below.Regardless of whether the victim files a formal complaint or requests action,the school must conduct a prompt, impartial,and thorough investigation to determine what happened and must take appropriate steps to resolve the situation.

If other sources,such as a witness to the incident, an anonymous letter or phone call,or the media, report the harassment,the school should respond in the same manner described above if it is reasonable for the school to conduct an investigation and the school can confirm the allegations.Considerations relevant to this determination may include, but are not limited to, the:

%26gt;%26gt; source and nature of the information;

%26gt;%26gt; seriousness of the alleged incident;

%26gt;%26gt; specificity of the information;

%26gt;%26gt; objectivity and credibility of the source that made the report;

%26gt;%26gt; ability to identify the alleged victims; and

%26gt;%26gt; cooperation from the alleged victims in pursuing the matter.

What if the victim requests confidentiality or asks that the complaint not be pursued?

The school should take all reasonable steps to investigate and respond to the complaint in a manner consistent with a request for confidentiality from a student.If a student insists that his or her name not be disclosed to the harasser, the school’s ability to respond may be limited.The school also must consider its responsibility to provide a safe and nondiscriminatory environment for all students.Thus, the school must weigh the confidentiality request against the following factors:

%26gt;%26gt; seriousness of the alleged harassment;

%26gt;%26gt; age of the harassed student; and

%26gt;%26gt; other complaints that the same individual has harassed others.

It may be necessary for schools to take interim measures during the investigation of a complaint. For instance,if a student alleges harassment by another student, the school may keep those students separated until the investigation is complete.If a teacher is the alleged harasser, it may be appropriate for the student to transfer to another class.

It is a good practice for schools to keep the student who alleged the harassment informed of the status of the investigation.

The school must notify the victim (and his or her parents depending on the age of the victim) of the outcome of its investigation and of any punishments imposed that directly relate to the victim, such as an order for the harasser to stay away from the victim.

If the school determines that a student was sexually harassed, the school must take reasonable, prompt, age-appropriate, and effective action to end the harassment and prevent it from happening again to the victim or to others.If the school fails to do so, it must remedy the effects of the harassment on the victim that could have been avoided if the school had responded promptly and effectively.

In addition, if the harasser is a school employee and if the harassment occurs while the employee is acting,or reasonably appears to be acting, in the context of carrying out his or her responsibilities to provide aid,benefits, and services, the school must remedy the effects of the harassment on the victim.

Ending and Preventing Sexual Harassment

The appropriate steps that a school or district takes should be tailored to the specific situation. For example, the school may need to develop and publicize new policies or conduct sexual harassment safety training for staff.Depending on the nature and severity of the harassment, counseling, discipline, or further separation of the victim and harasser may be necessary.

Responsive measures should be designed to minimize the burden on the victim as much as possible.If the school’s initial response does not stop the harassment and prevent it from happening again, the school may need to take additional,stronger measures.

Reporting and Preventing Sexual Harassment

Who should report incidents of sexual harassment?

Anybody who sees sexual harassment occur should report it; the individual need not be the victim of the harassment.Schools should ensure that employees clearly understand the extent of their responsibilities for reporting sexual harassment.

To whom should a victim or other individual report the harassment?

The harassment should be reported to a responsible school employee, such as a teacher, principal, faculty member, administrator, security officer, affirmative action officer, or professional staff member in the office of student affairs.Additionally, as every school must have a Title IX coordinator, the harassment can be reported to this individual as well.A student, parent, or other individual also may file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR), as explained below.

What if the harasser threatens to retaliate against the victim if he or she reports the incident?

Title IX also protects students from retaliation. The school must take steps to prevent the alleged harasser or anybody else at the school from retaliating against the victim. Such steps include informing students that Title IX protects them from retaliation, making sure that victims know how to report any future problems,and making follow-up inquiries to see if there have been any new incidents. It also may be appropriate to counsel the harasser to ensure that he or she understands that retaliation is prohibited. If retaliation occurs, the school should take strong responsive actions.

What procedures must a school have in place to prevent sexual harassment and resolve complaints?

Every school must:

%26gt;%26gt; issue a policy against sex discrimination;

%26gt;%26gt; adopt and publicize grievance procedures; and

%26gt;%26gt; have a Title IX coordinator.

What are grievance procedures?

Grievance procedures are internal school procedures that address violations of a school’s policy against discrimination, including sexual harassment.Grievance procedures must provide for prompt and equitable resolution of complaints of sex discrimination.

The school should make sure that its policy against sex discrimination and grievance procedures are widely distributed and easily understood by students, parents of elementary and secondary school students, and employees. At a minimum, students must know that the grievance procedure exists, know how it works, and know how to file a complaint. When a student or parent reports sexual harassment, the school should explain how its grievance procedures work and offer the student or parent the opportunity to use them.

If a student or parent chooses to not use the school’s grievance procedures, that does not relieve the school of its responsibilities to investigate and take appropriate action, as explained above in Part Two.

What does the Title IX coordinator do?

The Title IX coordinator is responsible for coordinating a school’s efforts to comply with and carry out its Title IX responsibilities. Every school must have a Title IX coordinator. Title IX coordinators must have adequate training in sexual harassment and must be able to explain the operation of the school’s grievance procedure.

How do I know who my school’s Title IX coordinator is?

Every school must notify all students and employees of the name, office address, and telephone number of its Title IX coordinator(s).

What other steps can a school take to prevent sexual harassment?

OCR’s experience shows that the best way for a school to deal with sexual harassment is to prevent it from occurring in the first place.In addition to the requirements explained above (well-publicized nondiscrimination policy,grievance procedures,and Title IX coordinator),a school may take a number of other steps to prevent harassment.

For example, as part of their overall school safety strategy, a school or district may conduct periodic sexual harassment safety training for all staff, including administrators, teachers, and guidance counselors, and age-appropriate sexual harassment training for students. The training can include information on the types of conduct that will be considered sexual harassment and the range of possible consequences, the damage that results from harassment, where students can find help, ways to oppose harassment, and what to do about it.

What is OCR, and how do I report incidents of sexual harassment to that office?

OCR is the federal agency responsible for ensuring that schools comply with Title IX and other federal civil rights laws. One of OCR’s responsibilities is to resolve complaints of discrimination, including sexual harassment complaints. OCR has 12 enforcement offices located throughout the country that carry out this responsibility.

An individual who wishes to file a complaint with OCR should do so by contacting the enforcement office responsible for the state in which that school is located. To find out which office is responsible for your state and how to contact them, call 1-800-421-3481 or check OCR’s Web site at http://www.ed.gov/ocr. Generally, the complaint must be filed within 180 days of the date of the incident. Students and parents are not required to use a school’s grievance procedures before filing a compliant with OCR.

It’s important to understand that sexual harassment is first and foremost a form of discrimination, and, as such, is illegal under both state and federal law. In fact, school districts and/or schools who fail to protect workers against sexual harassment can lose state and federal funding, as well as be subject to lawsuits from individuals.

Sexual harassment also contributes to a hostile environment that can impede morale, inhibit learning, damage careers, and injure victims emotionally, psychologically, and even physically. It’s illegal, disrespectful,and injurious to the foundations of academia.

And while harassment victims are the focal point of concern, harassers themselves have much to lose as well. Disciplinary actions and legal recourse can cost the perpetrator his or her career, family health, personal health, and monetary well-being. Yet there are still those who believe that sexual harassment is harmless!

This is where YOU come in. Your leadership characteristics have earned you supervisory responsibilities in your school or district. This also means that you share the burden of safeguarding your workplace from sexual harassment incidents. It also means that you can help ensure that any alleged incidents of sexual harassment are properly investigated in a manner consistent with your school and/or district policy.

Reproduced with permission. U.S. Department of Education, Office for Civil Rights, Sexual Harassment: It’s Not Academic, Washington, D.C., 2008.

About SafeSchools

SafeSchools is the leading safety and compliance training system specifically designed for K-12 schools. Using SafeSchools, school and district employees have unlimited access to more than 125 school-focused online courses, including a suite of Sexual Harassment and Sexual Misconduct prevention trainings. Course completions are tracked in a compliance management system and a variety of valuable real-time reports are available to administrators on demand. Using SafeSchools, schools and districts save valuable time and money! For a free trial or evaluation materials, please call 800.434.0154 or visit www.safeschools.com.

Jim Nulsen, SafeSchools, a web based safety training and tracking system designed specifically for school employee training.A powerful library of expertly authored courses, combined with the SafeSchools Compliance Management System,makes it easy to deliver all of the essential health and safety awareness training you need for every employee in your district.

Take back control and put an end to your hostile workplace this very moment, grab Work Laws Exposed right now. You can’t change a position you don’t like and don’t warrant without having an open mind, investing in yourself, and taking action.

Are they called Post-It notes because Stick-It notes sounded just a bit too hostile for the workplace?

Answer
Sure couldn’t use them in banks!

Under the proposed Sexual Harassment at Workplace Bill, 2010; everything a women say is a sexual harassment. After reading the definition of sexual harassment, I as an Advocate could not find an allegation which can said to be not sexual harassment.

The terms Sexual Harassment has been defined in Section 2(m) of the Act, read with Section 3,  which reads as,

Section 2(m): ”sexual harassment” includes such unwelcome sexually determined behaviour(whether directly or by implication) as—(i) physical contact and advances; or(ii) a demand or request for sexual favours; or(iii) sexually coloured remarks; or(iv) showing pornography; or(v) any other unwelcome physical, verbal or non-verbal conduct of sexualnature;

Section 3 reads as,

3. No woman shall be subjected to sexual harassment at any workplace which mayinclude, but is not limited to—(i) implied or overt promise of preferential treatment in her employment; or(ii) implied or overt threat of detrimental treatment in her employment; or(iii) implied or overt threat about her present or future employment status; or(iv) conduct of any person which interferes with her work or creates anintimidating or offensive or hostile work environment for her; or(v) humiliating conduct constituting health and safety problems for her.

 

After reading this I was just thinking if there is anything which is not Sexual Harassment. ’IF A WOMEN ALLEGES THAT A PARTICULAR MAN LOOKED AT ME IN THIS WAY, is it a sexual harassment? YES. The man can be dismissed for it.This Act is making workplace DANGEROUS for men.

 

We have to understand that once a complaint is filed, it will enquired by a committee consisting of women, ‘committed to the cause of women’. Every man can guess the result of such inquiry by complain committee. After such inquiry, dismissal from service is a mere formality.

After enactment of this Act, every man shall be working at a place at the ‘mercy’ of women employee. Any women employee can get any man dismissed at any time, for any allegations. Everything under the sun is sexual harassment.

Men’s Rights Movement opposes the Sexual Harassment at Workplace Bill, 2010 as introduced in Lok Sabha today.  The bill is patently anti-men and does not take into consideration the views raised by Men’s Rights Activist. The proposed Act is gender biased. It only takes into consideration the grievances raised by women, and wholly ignores the men victim of sexual harassment.

The Women and Child Development Minister Krishna Tirath said the objective was to enact a comprehensive legislation to provide safe, secure and enabling environment free from all forms of sexual harassment to every woman, irrespective of her age or employment status. But, in effect, the bill is making ‘workplace’ a dangerous place for men to work. It is making workplace dangerous for men, as any woman can file a sexual harassment complaint against a man without any cause which will result in loss of reputation and loss of livelihood.

The definition of the proposed offence is so wide that almost anything can be alleged as sexual harassment. It includes unwelcome sexual behavior, sexually determined behavior, conduct which interfere with work, humiliating conduct. These terms means different thing to different people. After reading the definition of sexual harassment, it is difficult to pin point if there is anything which is not sexual harassment. Further, Even men face such humiliating and discriminatory behavior at workplace. In view of this definition of sexual harassment, there is no justification of making it a gender biased Act against men.

The proposed inquiry committee in the bill to inquire about the complaint is baised per se. It is headed by a women committed to the cause of women. It consists of women employees committed to the cause of women, representative of NGO committed to the cause of women. If so many members in the committee are committed to the cause of women, such committee cannot be impartial in the inquiry against a man. We fear that inquiry by such committee shall be prejudicial to men, prejudicial to truth and prejudicial to justice. We demand that inquiry committed must consists of people who are unbiased and objective, who can examine the complaint in an unbiased manner.

The proposed Act gives anonymity to the complainant, but no such anonymity is being given to the man against who complained has been filed. It will result in character assassination of man, defamation of man and will result in grave prejudice to men. The provision of punishment of false accuser is worded in such manner that false accusation cannot be established in any case. Further, no provision for complained by men against false complaint or intimidation of false complaint has been provided in the bill. Further, there is no provision for compensation for falsely accused man has been made in the bill.

Men’s Rights Movement demands that to stop menace of sexual harassment at workplace, a gender neutral bill be brought which provides for unbiased and fair inquiry. The law must punishes the wrong doer, and must also protect the innocent and compensate the innocent accused adequately.

 

A Men’s Right Activist.

Practicing Advocate based in Delhi, India.

http://www.facebook.com/group.php?gid=115458351811424

I want to say something to the learned readers. I am not an author…. I am an activist. Thus my writings may not entertain you, it is not for entertainment. It is to secure justice for men, who are toiling and sacrificing their life since the first day of humanity; still they do not get a fair treatment in the society. If you think these words should be spread, kindly mail the articles to your friends….. I will think that these words have some relevance in the society.

I can be contacted on rk1771@gmail.com

Grasp back control and put an end to your hostile workplace this very moment, grab Work Laws Exposed right now. You can’t change a situation you don’t like and don’t deserve without having an open mind, believing in yourself, and taking action.

How do you cope with hostile + nonsensical workplace conditions?

Answer
I don’t know. I have the same problem with a workspace that cost me a lot of stress. If you think you can find a better job and you are not satisfied at all you should leave it, instead of suffering