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Feds to release new sexual harassment guidelines

(BUSINESS NEWS) The EEOC is has approved new guidelines on sexual harassment in the workplace, completely unrelated to today’s headlines.

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Ever since the allegations against Harvey Weinstein hit the news, sexual harassment has been on the front page. Thousands of women have come forward to journalists, in social media, and to each other to discuss sexual harassment.

By pure coincidence, the U.S. Equal Employment Opportunity Commission is issuing new guidelines for sexual harassment in the workplace. It’s the first time the guidelines have been updated in 20 years.

The guidelines were approved on Nov. 7, then sent to the Office of Management and Budget to be approved. The guidelines have to be approved before they will be released to be compared against the current guidelines.

According to the EEOC, “It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”

How much clearer do the guidelines need to be? Employers are already encouraged to “take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.”

Many employers require sexual harassment training already.

The EEOC’s statistics on sexual harassment claims suggest that the problem isn’t as bad as it seems. In 2011, 11,364 claims were reported. In 1997, over 15,000 claims were received.

And yet, the big question is “how many claims never make it to the EEOC?” Companies have internal policies to manage sexual harassment. It stands to reason that they wouldn’t want their “dirty laundry” aired.

Bloomberg reported that the U.S. Senate has approved a resolution that mandates sexual harassment training for all Senate employees, including senators. Currently, the training is optional. NPR requires training for its employees and managers. Former NPR news editor Michael Oreskes was recently fired amid sexual harassment claims. Reports say that he did not complete his. But even if he had, would it have mattered?

The EEOC can issue guidelines all it wants. Until the culture changes, we’re not going to see a real decline in sexual harassment in the workplace, in religion or in the home. We blame the victim for dressing a certain way or enticing someone to act improperly.

Worse, we shame victims for coming forward. And harassers are often judged and sentenced without due process, not necessarily in the legal atmosphere, but in the court of public opinion.

It’s up to businesses to create safe workplaces where employees can be free from sexual harassment. Complaints need to be handled fairly and impartially. It has to start at the top.

Leaders have to be held accountable and hold themselves to a high standard. It’s not about guidelines and enforcement. It’s about being decent human beings and treating people right without regard to gender.

Dawn Brotherton is a staff writer at The American Genius, and has an MFA in Creative Writing from the University of Central Oklahoma. Before earning her degree, she spent over 20 years homeschooling her two daughters, who are now out changing the world. She lives in Oklahoma and loves to golf. She hopes to publish a novel in the future.

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Business News

How eBay can survive the Amazon era

(BUSINESS NEWS) eBay has long been an ecommerce powerhouse, but Amazon is now most folks’ first stop – how can eBay survive?

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While some of us are still lamenting the eBay-PayPal Break Up from three years ago, focus has shifted to the stock battle between the two brands of late, while most are wondering – how long does eBay even have as Amazon sucks all of the oxygen out of the room?

The ecommerce giant faces some heavy competition from Amazon and other online retailers and needs to reinvent its image if it’s going to thrive. Barely a year ago, nearly 15 percent more sellers were listing products on both ecommerce sites, but the trend towards Amazon has accelerated rapidly. The competition is even more messy given that eBay is very likely about to sue Amazon for poaching sellers.

How eBay moves forward will have a lot to do with how it rebrands itself. They have a huge marketplace, and unlike Amazon, they don’t continually put sellers in a position of peril. eBay represents an opportunity for big brands to sell not only on their own websites, but through a trusted, well-established seller who has been around for a long time (as summarized by ChannelAdvisor).

The brand has a number of woes to overcome to work with retailers, especially as Amazon boasts an impressive search engine optimization and is many people’s first stop shop. And Amazon’s reputation is, well forgive the joke, in Prime health – whereas some sellers still pass up Amazon to sell the slightly-attractive-but-isn’t-our-aesthetic dishes received as an inheritance or gift (despite the fact nearly 81 percent of items sold on eBay are brand new).

And the start of fixing that image is better marketing, and emphasizing what their strengths are, most notably:

  • eBay has a stronger global presence, and is in over 25 countries.
  • The relationship with sellers is much more positive – eBay is essentially a platform and a partner, an online storefront.
  • It’s much cheaper for sellers to sell than on Amazon (although it offers much less in terms of services).
  • You have more control over your brand than with Amazon, as again, it’s not competing with you.
  • The conversation around eBay is ongoing, and how the company appeals to large retailers and develops this brand is something sellers will be monitoring, because colorful tv ad campaigns won’t be enough to keep them afloat.

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Price-predictable subscription to legal help for startups

(BUSINESS) Startups in growth mode need extra help, and legal services is not where successful companies cut corners. Check out this subscription option for your growing company.

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If you’re running your own business or are planning to start one, legal help is probably low on your list.

Most of us have access to free resources from your local Chamber of Commerce or state website, or may have a “friend” who can help you with the forms and other things.

For a lot of things, a DIY attitude won’t cost you much. You could float your own drywall for example. But when it comes to the law, you must trust an expert. Trying to cut corners on legal expenses can cost you a lot in terms of liability or lead to a few headaches, disputes, and litigations. And even if it didn’t cost money, it will cost you time.

Fortunately, you may not have to pay a lawyer directly, as there are several online solutions, including LegalZoom or LegalShield that can help you with forms, provide advice or help you get your business started. Legal advice could cost you hundreds per hour, but it doesn’t have to be that way.

Although online legal services are available, one thing that may be challenging for startups is that it can be difficult to budget for: cost transparency isn’t always available and it may be contingent on demand, time and resources.

Atrium is legal firm specifically designed for startups. This firm was founded by Twitch founder Justin Kan, and Silicon Valley lawyer, Augie Rakow in response to what his needs were as a startup: fast, reliable, and transparent services.

To date, Atrium boasts 890 completed startup deals; $5B raised by companies, and 10 companies started by it’s members. Atrium breaks down its services into four areas:

Atrium Counsel – which provides standard day to day legal processes, including board meetings, NDS, contract/personnel review, etc. – this is available as a subscription service or if you have unique needs, there are special projects available.
Atrium Financing – to help work with venture capital transactions and help explain the deal and it’s process, including upfront price estimates for advice with pitches.
Atrium Contracts – to help with contract review and form generations.
Atrium Blockchain – to help provide legal advice on the many regulatory issues involving blockchain issues.

Atrium’s major competitive advantage is the end of the billable hour paradigm and the focus on subscription models. This is great for a startup in growth mode because you can get a lot of value for a fixed price.

That said, Vitality CEO, Jamie Davidson said, “Just had a call with these folks. You pay a minimum of $1K a month (based on your company size) to be able to ask them questions. You then pay above-market prices for actual legal needs, like privacy policy/TOS generation ($5K), GDPR ($10+K), etc. Our current lawyer does not charge me to ask him questions, but he does charge for actual legal work.”

Others have noted Atrium’s technological advantage and expertise, so mileage could vary.

If you find that community resources aren’t available or not meeting your needs, Atrium could be the service that helps take you to the next level. If you’re considering shopping for legal services, check out Atrium’s site, get to know their team, and see if it’s the right fit for you. The bottom line is that there are a lot of places to cut corners for your growing business, but legal services are not one of them.

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Business News

Courts to decide if ‘overqualified’ is being used as a code word for ‘too old’ to hire?

(BUSINESS) Many have long held that job seekers are told they are “overqualified” when some employers mean they’re just too old and they’ll carry higher cost and leave quickly. The court system is considering this contentious topic as we speak.

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According to AARP, “age discrimination in the workplace is alive and well.” But a case before the U.S. 7th Circuit Court of Appeals in Chicago questions whether older job applicants can sue for certain biased recruiting practices.

The Chicago Tribune reports that the case “raises a critical question about whether job applicants can pursue” a lawsuit raising the argument whether the federal Age Discrimination in Employment Act (ADEA) protects external job applicants.

Therefore, the question is, does 'overqualified' truly mean an applicant doesn't have the right qualifications, or is it a code word for someone being too old to hire?Click To Tweet

The case is Kleber v. CareFusion Corp digs into this challenge. Dale Kleber applied for a position with CareFusion. The job description asked for “3 to 7 years (no more than 7 years) of relevant legal experience.” Kleber had decades of experience, after all he was 58. The company never even interviewed him.

They ultimately hired a 29-year-old to fill the position. CareFusion insists that Kleber’s age had nothing to do with him not being considered for the role. Kleber argues that “overqualified” is a code word for “too old.”

The case has been working its way through the courts. The first judge dismissed the claim, ruling that the statue doesn’t cover external applicants, but that decision was reversed on appeal by a three-judge panel of the 7th Circuit which stated it “could not imagine” that Congress intended to only protect internal applicants from age discrimination.

CareFusion was given a rehearing in front of the full court in September. Depending on their ruling, the case could go before the U.S. Supreme Court.

What does this mean for you?

This case is just one of many that attorneys are filing with various courts. There is a case in Arizona in which two firefighters, the oldest in the district, were let go due to their age. Age discrimination could affect anyone, because everyone eventually becomes eligible. The courts are conflicted over the types of protection offered by the ADEA, but it’s also difficult to prove when age discrimination has occurred.

For small business owners, it’s imperative that you look at your hiring practices. Think about your recruiting practices. Do you simply look for talent at your local college? You miss valuable talent if you’re not looking at older applicants, and people are working well into their 70s these days, no longer retiring early. Think about the connections and experience an older team member could bring to the job.

If you (or your company) refuse to care about any of those things, fine. But consider this – based on the results of this and other lawsuits, you could be opening your business to being sued if you overlook age in the recruiting and hiring process.

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