October 26, 2011

MDHR reports 20% jump in discrimination charges

Posted in Disability, Discrimination, Employee Handbooks, Gender / Sex, Race, Sexual Harassment tagged , , , , , at 12:02 pm by Tom Jacobson

The Minnesota Department of Human Rights reports that during the first half of 2011, it received 455 charges of discrimination.  This represents a twenty percent increase when compared with the previous six month period.

Other notable figures from the MDHR’s report, which was submitted on October 11 to the Minnesota Legislature, include:

  • Disability discrimination charges accounted for the highest percentage of cases (24%); race and sex discrimination were next (15% each).
  • MDHR recovered $209,197 in monetary damages for charging parties.
  • 41 cases were submitted to mediation, and 21 of those cases were settled in mediation.
  • 60% of charges were dismissed for lack of merit.
  • 9% of charges were closed after findings of probable cause, while 16% were closed after findings of no probable cause.
The MDHR is responsible for enforcing the Minnesota Human Rights Act, which covers discrimination in employment, housing, public accommodation and other areas.  However, the vast majority of the MDHR’s activity (61.2%, according to this report), is in the area of employer discrimination.

It is difficult to determine whether the recent surge in charges is due to more aggressive enforcement by the MDHR, better outreach, more unlawful discrimination, and/or greater awareness on the part of employees and other aggrieved parties. Regardless of the cause, the MDHR’s report confirms the importance of maintaining sound equal employment opportunity policies.

For more information about this article, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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October 19, 2011

Social media report issued by NLRB

Posted in Computer Use, Employee Handbooks, Facebook, National Labor Relations Act, Protected Concerted Activity, Social Media, Social Media in the Workplace, Social Networking tagged , , , at 8:20 am by Tom Jacobson

In a report issued by its Acting General Counsel, Lafe Solomon, the National Labor Relations Board (NLRB) has highlighted several cases where actions taken against employees were considered under the National Labor Relations Act (NLRA).  As Solomon noted in the report, “Recent developments in the Office of the General Counsel have presented emerging issues concerning the protected and/or concerted nature of employees’ Facebook and Twitter postings, the coercive impact of a union’s Facebook and YouTube postings, and the lawfulness of employers’ social media policies and rules.”

Among other things, the report summarizes four cases where employees were found to have engaged in “protected concerted activity” under the NLRA via their social media posts.  Conversely, the report lists five cases where no protected activity was found.  What made the difference in each of these cases was whether the employees’ posts related to the terms and conditions of their employment and whether the posts involved discussions with other employees (that is, “concerted activity”). In the cases where no protected activity was found, one or both of those elements was missing.

It’s a fine line between social media posts that are protected concerted activity under the NLRA and those that are not. For more information about this article or how to address social media issues in the workplace, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

October 12, 2011

What does your tech policy say?

Posted in Employee Handbooks, Facebook, Internet Policies, Misconduct, Social Media in the Workplace, Social Networking, Unemployment Benefits tagged , , , , at 8:27 am by Tom Jacobson

Facebook.  LinkedIn.  E-mail.  The web.  Smart phones.  We all know that the latest and greatest technology advances have become indispensable tools for business and personal use, but when personal use interferes with business, the troubles at work start to brew.   Employers with well-drafted technology use policies can keep those troubles to a minimum.

Washington County (MN) recently benefited from its own “acceptable use” policy in case decided by the Minnesota Court of Appeals (Misenor v. County of Washington). The case involved Lori Misenor, who was fired after the county discovered that over 25 workdays, Misenor sent 342 personal e-mails from her county e-mail account during business hours.  Moreover, her personal e-mails often contained information about her husband, children, finances, extramarital affair or affairs, critiques of her job and coworkers, her search for a new job, and racially insensitive material.  The Court of Appeals concluded that this was misconduct which disqualified Misenor from unemployment benefits.

Key to the Court’s decision was the fact that Washington County had an “acceptable use” policy regarding its information technology resources. Regarding this policy, the Court noted:

In this case, the county has a policy that limits the amount of personal use of the county’s e-mail system and also prohibits e-mail messages with material that is ‘obscene, pornographic, [or] racially or sexually harassing or explicit.’  This is a reasonable policy that establishes a standard of behavior that the county has the right to reasonably expect of its employees…. Despite this policy, Misenor sent 342 personal e-mails over a 25-workday period. Many of the e-mails are lengthy, indicating that Misenor took considerable time away from her duties to engage in e-mail correspondence. In addition, some of her e-mails contained racially insensitive and sexually explicit material. Misenor’s repeated violations of the county’s policy display a serious violation of the standards of behavior that the county has the right to reasonably expect of her.

Information technology policies are important for many other reasons.  Well-drafted policies set the standards of behavior that employers can expect, so they can provide the basis for disciplinary action and a defense to many legal claims. However, poorly drafted use polices have been held to violate the National Labor Relations Act (see NLRB challenges Facebook firingFacebook firings revisited – NLRB extends its reachFacebook firing case settled).

For more information about how to craft an effective technology use policy, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

October 6, 2011

NLRB’s new posting requirement delayed

Posted in National Labor Relations Act, Posting & Notice Requirements, Posting Requrements tagged , , at 5:59 pm by Tom Jacobson

The National Labor Relations Board (NLRB) has delayed the workplace poster requirement that was to have gone into effect on November 14.  The Board has now postponed the mandate until January 31, 2012.

For more information about this issue, please see my previous post, A post about posters — new workplace posting requirement imposed by NLRB, or contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2011 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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