Striving to Understand Sexual Harassment
In harassment, discrimination and bullying training, after recognizing I have significant room for improvement, I ask managers to place themselves in the alleged victim’s [...]
Think a Second Time About Discrimination in the Workplace
All responsible tribal employers take unlawful discrimination seriously by defining those characteristics which will not be utilized in making workplace decisions. Those things are [...]
Will there be an increase in gender based discrimination claims?
Is harassment based on a failure to conform to gender stereotypes a potential legal claim? In the December 2013 edition of Corporate Counsel there [...]
Addressing retaliation in the workplace
Earlier this year the United States Supreme Court ruled that when an employee filed sex discrimination charges against her employer, the employer could not [...]
What is, and is not, a hostile work environment?
Hostile work environment is frequently misunderstood by employees. Employees working for tribal employers are just as confused as employees working for non-Native organizations. Sometimes [...]
Sexual Harassment Best Practices
The spotlight on sexual harassment has generated an abundance of employer introspection. For tribal employers, what should that introspection include? Since the late 1980s [...]
Are grumpy employees creating a hostile work environment which is actionable under the law?
Grumpy workers (even hostile workers) do not necessarily create the circumstances for an employment related court action. On the one hand, if the grumpy [...]
Why is specificity necessary for tribes to define equal opportunity in employment?
Unless modified through a compact, agreement or waiver, federal anti-discrimination law does not apply to on-reservation tribal employment practices. Additionally, in most circumstances state [...]
Should tribal employers use arrest and conviction records in hiring and retention decisions?
Yes. Due diligence in hiring and retaining good employees is consistent with sound managerial and legal practices. Criminal background checks, reference checks, interviews and [...]