![]() RELATED: 50 Harmless April Fools Pranks: Safest Ways to Prank The Art of Trolling Robert Tinnin is a founding partner with Tinnin Law Firm, A Professional Corporation, in Albuquerque, New Mexico.April 1 always causes people to rise from their beds with extra caution, knowing that they could encounter all forms of pranks at every turn.īut with this sense of caution also comes a sense of excitement for some, especially for those who are thinking of ways to outwit their friends.Īnd as trolling has become quite a common word these days, this is the perfect opportunity to start harnessing the troll in you and find ways to humiliate, anger, entertain, or simply get one over your friends. It is essential that prompt and appropriate action be taken to address workplace harassment. Frontline supervisors are the first defense to preventing an offensive atmosphere. ![]() HR, managers, and supervisors need to be vigilant in ensuring that an environment that is reasonably offensive to members of a protected class does not exist in the workplace. The lesson from Palacio’s lawsuit is that in today’s workplace, employers must recognize and prevent hostile work environments based on protected status. HR must promptly and thoroughly investigate complaints of prohibited conduct and respond in a timely manner. Supervisors, employees, and managers are not the only ones who must be trained to recognize prohibited behavior. Rank-and-file employees should be given separate training on what is expected of them, and training should sensitize them to offensive conduct. If managers don’t understand this, neither will employees. ![]() Supervisors and managers must acknowledge that their duties encompass not only ensuring that specific work tasks are performed but also that work is performed in an environment that is free from harassment. It’s essential that supervisors and managers are trained on the elements of harassment and how to deal with it. This may be the most important step to prevent harassment. Train managers, supervisors, and employees.If you expect employees to conduct themselves appropriately at work, you must inform them of your expectations. Adopt a clear and concise policy that includes a strong stance against harassment, and disseminate it to all rank-and-file employees, supervisors, and managers. Adopt and publish a clear and concise workplace conduct policy.Here are three keys to preventing a lawsuit in similar circumstances: I can’t help but wonder how this incident became a lawsuit in federal court. However, his complaint includes allegations that, if proven, will establish race-based hostile environment discrimination and intentional infliction of emotional distress. In his complaint, he claims he reported the incidents to his supervisors but nothing was done.Īt first blush, Palacio’s lawsuit may seem totally frivolous. Palacio says his coworkers subjected him to continued harassment, including repeatedly taking his clothing and putting trash in his work bag. ![]() The staffer and the other employees lost their jobs with Intel because of the prank. Ultimately, criminal charges were filed against the senior staffer and the coworkers who kicked Palacio in front of other employees, resulting in convictions of petty misdemeanor battery and 16 hours of community service. He claims that the prank made him feel demoralized and assaulted and that he began to cry during his drive home. As he did, the staffer kicked Palacio three times in his buttocks.Īnother employee kicked Palacio twice as he sought help to remove the sign. He says that once he suspected something was taped to his back, he went to a senior staffer to ask if that was the case. The incident leading to the lawsuit occurred when Palacio’s coworkers secretly taped a “kick me” sign to his back and kicked him several times. He was originally employed by Intel in Santa Clara, California, but he was transferred to Rio Rancho after the Santa Clara facility closed.
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