Tag Archives: sexual harassment

Blockchain: Another tool for management to use against workers?

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Just like staying at a Holiday Inn Express made you smarter in the mid-to-late 2000s, writing a post about “blockchain” will make any blogger sound smarter in the late 2010s.

The latest entry in the blockchain derby, was “Is blockchain the next frontier in preventing sexual harassment?” by Jon Hyman. The post does a good job of explaining blockchain as a technology that creates secure, verified and unchangeable records. Hyman also writes how blockchain could be used for reporting of sexual harassment – and presumably other forms of unlawful discrimination. (The clear explanation of blockchain makes the post worth reading.)

The innovation or “disruption” described by Hyman is that there is an blockchain program that allows employees to bundle reports of harassment made against the same harasser.

So some Silicon Valley genius, or poorly paid coder, developed a program that mimics protected concerted activity. There might be an intellectual property issue here as this concept was actually invented in the 19th century – it’s called a labor union.

Meanwhile outside of the gilded and dreamy world of HR Tech, the rights of employees to from unions and engage in protected concerted activity  are being curtailed.

My problem with the use of blockchain software run by a third-party on behalf of management are numerous. First it would impose hurdles in the discovery process. If similar complaints of harassment or discrimination are stored by a third-party, HR may not know to disclose them in discovery. I suspect this may not be entirely accidental. Harassment and discrimination claims usually require an employer have knowledge of the discrimination and the opportunity to take remedial action. Outsourcing reporting and creating an extra step in reporting discrimination gives employers additional legal protections.

Also, if similar complaints about harassment or discrimination were stored on a blockchain run by a third-party vendor, it might require subpoenaing those records. Besides potential jurisdictional issues over subpoenas, tech companies are famously unwilling to cooperate with legal investigations. Apple refused the request of the FBI to unlock the I-phone of a mass shooter in San Bernadino, California. If tech companies will stonewall the FBI, I am sure they would stonewall a plaintiff’s lawyer in a civil case.

In contrast, a call to a union business agent or Local leader will often yield information about comparators and company practices in a discrimination case. Unions aren’t perfect, but neither is HR or the latest technology. Innovations in information technology can empower employees.  One example is an app created by the United States Department of Labor designed to combat wage theft. But blockchain technology controlled by management is just another tool in maintaining the dominance of capital over labor in the workplace.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

This entry was posted in discrimination, employment law and tagged , .

Do Employees’ Forced Smiles At Stores Cause Mental Distress?

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Most Nebraskans and Iowans can probably sing a jingle from a regional grocery chain that promises “a helpful smile in every aisle.” But helpful smiles may have a hidden cost for employees.

A summary of 95 medical studies showed that forced cheerfulness by employees lead to psychosomatic issues like trouble sleeping, headaches and chest pain as well as decreased job satisfaction. This so-called emotional labor has also been linked to aggression in the workplace.

Retail and service industry employees are usually required to be cheerful to encourage customers to return. These pressures are likely becoming more acute as certain sectors of retail employment have declined and online giant – and burgeoning monopoly – Amazon has barged into the grocery business with their acquisition of Whole Foods.

Unfortunately, U.S. employment laws are not equipped to deal with the day-to-day mental strains placed on retail workers. Workers compensation laws generally do not compensate purely mental injuries. Workplace bullying or harassment is only legally actionable if the harassment is severe or pervasive and motivated by an unlawful factor like race, religion, nationality, sex, disability, etc. 

But employees have the power to work together, even if they aren’t in a union, to address these conditions through protected concerted activity under the National Labor Relations Act. Recently a group of employees at a Target in rural Virginia banded together to help fire a manager who had been sexually harassing employees. Granted sexual harassment may be different than forcing an employee to be cheerful when dealing with the public, but by working together employees can address unreasonable rules and requirements by an employer.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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Do I Have a Wrongful Termination Claim?

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wrongful termination claimAssuming you do not have an employment contract, you can only claim wrongful termination if the firing was motivated by certain unlawful reasons. Unlawful reasons include discrimination based on sex or gender – this includes sexual harassment and pregnancy – as well as race, religion, nationality and disability. In certain places and in certain situations, sexual orientation discrimination can also be unlawful. Disability in this context will often mean any serious or chronic health condition you have. Disability discrimination can also mean that you are taking care of someone with a disability.

You also cannot be discriminated against by your employer for certain activities on the job. This is commonly referred to as retaliation. One of these activities is taking extended leave under the Family and Medical Leave Act (FMLA) for your own or for a loved one’s medical condition. Other common protected activities include opposing unlawful discrimination; filing a safety complaint; filing a workers’ compensation complaint; complaining of pay practices; or complaining about other illegal activities. If you are a government employee, you might also have some claims based on constitutional law.

Essentially, not all terminations are unlawful. But if your situation fits into the categories described above, then be sure to contact an experienced employment attorney. In addition, it is wise to ask for advice about applying for unemployment, even if there’s not a wrongful termination case.

The offices of Rehm, Bennett & Moore, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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