Thursday, August 20, 2009

Employers Are Supposed To Try to Prevent Harassment and Abuses!

Employers shouldn’t wait for race-based problems to crop up in the workplace. Instead, they should be proactive in trying to prevent any race-based harassment of employees in their workforce.

To protect employees from unlawful racial (and other) harassment, employers should adopt a strong anti-harassment policy, periodically train each employee on its contents and procedures, and vigorously follow and enforce it. The policy should contain:

• A clear explanation of prohibited conduct, including examples;

• Clear assurance that employees who make complaints or provide information related to complaints will be protected against retaliation;

• A clearly described complaint process that provides multiple, accessible avenues of complaint;

• Assurance that the employer will protect the confidentiality of harassment complaints to the extent possible;

• A complaint process that provides a prompt, thorough, and impartial investigation; and

• Assurance that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred.

If you are the victim of race-based harassment and retaliation in the workplace, look at these areas to determine where you believe your employer failed. This may be a part of the case you build against your employer, should you decide to vindicate your rights through an outside investigating agency or through a lawyer.

For example, if you file a complaint of harassment and your employer spreads the word, you could argue that your employer assisted in the creation of a hostile work environment by failing to provide you with any measure of confidentiality and allowing your harasser to learn of your actions, to escalate those actions, and to turn other employees against you.

Another example might be that your employer determines that a coworker has been harassing you, but does nothing to the employee because they are working on a major contract and are valuable to the organization. Having gotten away with harassing you, the employee continues to engage in the attacks against you. Even if they had not, the employer sent the message that it was okay to engage in illegal activity.

One of the best things you can do, if you are filing a complaint against an employer, is to have a clear understanding of company policies and procedures and to use those policies and procedures against your employer at every opportunity. It is very powerful to be able to show that your employer's written anti-discrimination, harassment and retaliation policies amount to a paper tiger.

Written policies don’t protect an employer. If their processes are deficient and if they ignore their own policies, they may be held legally liable for any violations of Federal statutes.

Know the policies and procedures, know your rights, and show the contradictions or lack of enforcement of anti-discrimination, anti-harassment, and anti-retaliation provisions.



Anonymous Anonymous said...

I worked for a large well known insurance company that was insincere in their reaction to an in-house complaint I made about discrimination, retaliation and harassment. The sad thing is that When you are in a hostile work environment you are extremely vulnerable when you do not know how to react to a kitchen-sink of attacks from your employers bag of tricks.

The insurance company I worked for was an EXPERT at fighting allegations -- ANY human rights violation. They would INTENTIONALLY expose you as a tattletail to your attackers and co-workers then corporate offices would sit back cross their legs and act like nothing was going on. The attacks began when I spoke to the Vice President of claims in my region, the first thing he said was: --I am not going to be able to protect your annonymity because I have to get your file from your manager.--That was a pack of lies from the pit of hell because all he had to do was request all of my co-supervisors files from my manager rather than single me out. After that this Vice President of claims went out of his way to avoid me at every turn.When he saw me on the elevator while conversing with one of my attackers he tried to avoid me by ducking behind someone. This man was grinning like that miniature devil man in the "Passion of the Christ" -- The real purpose of their so called pretentious Human Resource investigation was for discovery purposes ONLY: To find out what I knew so that they could unravel it. So they would wait patiently 6 months to a year if necessary above and beyond the county statute of limitations claiming retaliation in a court of law so that they could argue it was not connected. They overlooked the fact that they were using the time limits to their advantage and intentionally waiting out limits to conspire.

I have learned that it doesn't matter what ethnicity upper level staffers are -- asian, hispanic --if they can go for blood to support your white harassers they will.
For some reason a potential investigation is a joke to these people and they do not believe that what they are doing is a crime. So they conspire and cover-up. Words like ACCESSORY, CULPABLE BRIBERY never enter into their psyche.

Everything was done as a part of their more broad psychological warfare to twist any careless mistake into a legitimate reason to terminate.

*Fabricated emails.

*Hacking into my home computer to read anything related to what I was doing.

*Talking to my Therapist/Psychologist through a third party or connected employee.

*Getting people to call me after I'd been terminated then having another employee pay them off for giving them information on my state of mind.

*Keeping separate duo-files on complainers. Then targeting them for terminations though a series of conversations to hide a paper trail.

*Getting signed statements from coerced and opportunist employees.
Since most employees witnessed how the culprits were protected, promoted for false statements. Employees would willingly get in line for their potential climb up the corporate ladder.

Employees readily engaged in false statements and were brought into Home Office to get coached on what to say. Unfortunately they were even willing to give these false statements to outside investigators without any fear of perjury.statements to outside agencies on the companies behalf -- and if they were found out they were unprepared for the legal trouble or how the company would now handle them. They were putting themselves in jeopardy worst than mine because the company was NOT going to help them for perjury.

There was no stone left unturned by the company during their pretensious investigation process and before I knew it I was at the end of an orchestrated constructive termination.
So here I am 2 years later extremely depressed, financially strapped because not only did they take my job they black-balled me and took away my livlihood.

Trying to destroy my life was a drop in the bucket of countless many others.

I pray that God will expose their every wicked trick!

7:57 AM  

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