Minnesota workers are protected under employment law from discrimination at work on the basis of their gender, race, age, disability or religion. But, what happens when the perpetrator is an equal opportunity offender?
A recent news story examines this new trend in the workplace – bullying. This behavior consists of supervisors hassling their subordinates byway of poor performance evaluations, verbal abuse, contradictory directives, and even barring them from certain work or social activities.
International Women’s Day, celebrated on March 8th, is a time to reflect on the progress made for women over the last 100 years and celebrate their courageous acts throughout history.[1] It is also a time to call for continued change.
Despite the movement to propel women’s opportunities, corporate America continues to allow an uneven playing field.
A recent study, Women in the Workplace 2018, by McKinsey & Company and in partnership with LeanIn.Org, found that the growth of women at every level in corporate American has stalled.[2] While the study found that women are doing their part – earning more bachelor degrees, asking for promotions, negotiating better salaries, and staying in the workforce at the same rate as men – women remain unrepresented at every level.
It begs to question if women are doing their part – what’s the problem?
The Answer – Companies are not held accountable.
While the vast majority of companies say they are committed to gender diversity – the evidence indicates otherwise. Women are less likely to be hired for entry-level positions and promoted to manager-level jobs. The disparity widens further – and further – as promotions hit the C-Suite level. Factors such as discrimination and sexual harassment contribute to lack of diversity in the workplace.
Gender discrimination can take many forms, yet it always signals disrespect. It is also illegal under Title VII and the Minnesota Human Rights Act, among other laws. Sexism can be subtle, such as a male coworker questioning a female coworker’s judgment on an area of expertise. It can be severe, such as a male manager making a derogatory sexist comment to a female colleague. As negative experiences compound over time, women view their workplaces as less fair and are three times more likely to leave their jobs.[3]
Thirty-five percent of women in corporate America experience sexual harassment at some point in their careers, such as hearing sexist jokes to being touched in an inappropriate sexual way. Women who do not conform to traditional feminine expectations – holding authority and working in male-dominated fields– are more likely to be targeted. Despite the momentum of the #MeToo movement, we need continued emphasis that sexual harassment is unacceptable and will not be ignored.
If you have experienced discrimination or sexual harassment, know that you are not alone. We can help. For over 20 years, Halunen Law has fought for the rights of both men and women, who are subject to unwelcome sexual comments and behavior, as well as those subject to unlawful discrimination. We hold employers accountable so that you can feel safe in the workplace.
Learn more about International Women’s Day 2019.
Sexual harassment or sexual assault can be actionable if it occurs on business travel or at work-related events. In fact, over half of the sexual assault cases we have handled involved assaults that occurred outside of the office and outside of work hours. If the harassment or assault can be shown to be related to the employment relationship and the incident is sufficiently severe or repetitive, you may have an actionable claim against your employer.
Minnesota law prohibits discrimination in employment on the basis of sex, including sexual harassment. Sexual harassment “includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when . . . that conduct or communication has the purpose or effect of substantially interfering with an individual’s employment . . . or creating an intimidating, hostile, or offensive employment . . . environment.” Minn. Stat. § 363A.03, subd. 43(2).
In a recent case in the Minneapolis school district, an employee was let go from her position. The employee complained to the school system’s equal opportunity division regarding what happened, and she alleged that workplace discrimination, harassment, and a number of financial improprieties were going on within the school system that led to her firing.
The employee was reportedly told that the school system’s division would investigate the matter and thus preserve her rights concerning this complaint. Because of this alleged promise, the employee then waited 300 days before filing a complaint with the Equal Employment Opportunity Commission.
Recently the U.S. Supreme Court struck another blow against consumers and employees in the case of Lamps Plus, Inc. v. Varela. Yet again the Court reasoned backward from the result it wanted to reach and went out of its way to find in favor of a corporate defendant – at the expense of individual citizens – by reading into a contract language that did not exist.
As an immigrant from Bangladesh, Eva Biswas was granted asylum in the United States to escape the persecution, terrorism, and sexual violence she experienced in her home country. But she found life in her new country brought unexpected challenges in the form of the alleged sexual harassment from her workplace supervisor at a national chain store. In her lawsuit, Ms. Biswas alleges her store manager propositioned her for sexual favors in exchange for a promotion. She claims that she told the other managers at her store what happened, but was told to keep it to herself and that she had “misunderstood” what her manager did because she didn’t understand American culture.
Several months ago the New York Times published an article on why the #MeToo phenomenon has become one of the most important movements in the employment law arena.1 Journalist Susan Chira explained the results of a national online survey reporting that an astounding 81% of women and 43% of men had experienced some form of sexual harassment or assault in their lifetimes—including at home, and in their community or workplace. No other survey had reported numbers so high, suggesting that this type of conduct has been under-reported for years. In another survey conducted by the CDC, researchers noted that nearly 1 in 10 respondents reported being sexually harassed in the workplace within the past 12 months—though women, multi-racial individuals and divorced or separated individuals were significantly more likely to say they’d experienced such discrimination.2
I vividly remember about a year ago when the sex tape of Donald Trump was released and the world began discussing whether or not the conduct was sufficiently egregious to sink his run for the presidency.The news media covered the story for weeks, with journalists and pundits opining on the propriety of the underlying conduct- as if there was any question about the answer. Some people, including female supporters of Trump, considered it merely “locker room” talk. Others expressed their disgust that women would be so demeaned and that someone running for the presidency would ever engage in such salacious behavior. Although Trump did not actually make his repulsive comment directly to the woman, he used his position of unequal power to get what he wanted without any consideration for the woman’s physical or mental well-being.
Article by Halunen Attorney Stephen Premo published in Bench & Bar Text: New whistleblower protections were added to the Minnesota Whistleblower Act in 2013. Halunen Law Employment Attorney Stephen Premo analyzes efforts to gut the effectiveness of the new law and upcoming review of those efforts by the Minnesota Supreme Court.
Source: http://mnbenchbar.com/2017/01/reanimating-dead-law/
Halunen Law attorney Stephen Premo represents employees who have been treated unfairly by their employer, focusing on matters involving discrimination and retaliation. He understands that besides being an effective advocate, a great litigator must also be a good counselor. Most clients have never been involved in any sort of legal process, which can be confusing, intimidating, and emotionally draining. Taking the time to demystify each stage of the litigation, Stephen helps clients feel informed, empowered, and at ease.
Learn more about Stephen
A former vice president and director of sales at CBS says that the media company is a boys club, and that she was routinely treated differently than male employees. Being treated or compensated different based on one’s gender is prohibited under equal protection laws. Gender discrimination can take many forms and can occur during the hiring process or during the course of employment and may include being paid less based on gender, being denied promotions, or being wrongfully terminated based on gender.