Mindy is a nationally recognized authority in EEO laws and is a contributing editor to the HR Specialist: Employment Law
monthly newsletter. She is highly regarded for her workplace compliance
training that “clicks and sticks,” because it is practical and
memorable. She is also the coauthor of the American Bar Association’s
bestseller and authority on civil rights training, “Case Dismissed! Taking Your Harassment Prevention Training to Trial."
The Society for Human Resources Management (SHRM) has recognized Mindy as one of its Top Ten Speakers nationally. She has trained extensively in all industries at all levels of the
workforce—from boardroom executives to managers and supervisors and to
hourly employees in union and non-union environments.
At one point, a co-worker called Parker a “f***ing wh*re” and made vulgar comments about her sexual activities. Parker complained to the foreman. His response? “That could be considered a compliment.”
One especially cruel male co-worker repeatedly called Parker a “sl*t,” “wh*re” and “crybaby” (often in the presence of the shift foreman). That co-worker hid her work equipment and even threw objects at her. HR wasn’t informed. Instead, the shift foreman “generally tried to hush it up and tried to keep it in-house when these kinds of complaints arose.”
When HR finally did learn of an incident in which a co-worker used the intercom to make heavy breathing noises at Parker, the HR director reportedly chuckled at the incident, saying she should expect a certain amount of sexual banter in a shop setting. He gave the co-worker a verbal warning for “horseplay.” (Parker v. General Extrusions, No. 06-3353, 6th Cir., 2007)
How did the case end … and what lessons can be learned?
The court concluded that she was entitled to a bonus—another $75,000 worth of punitive damages—because the HR director largely ignored her complaints.
The lesson: It’s management’s job to take all harassment complaints seriously. The quickest path to being hit with punitive damages is to ignore complaints or make light of them. That applies not only to HR, but to line supervisors, too.
Your anti-harassment policy should make clear that supervisors have a duty to step in when they see or hear harassment. At the very least, supervisors must report the harassment to HR. That certainly didn’t happen in this workplace. Would it happen in yours?
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