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  • Employee versus Independent Contractor

    Owning a business or being self-employed is the dream job of many people. One way to be self-employed is to become an independent contractor. In the audio presentation below, Rick Schampers provides information on what the law says in general about what factors and situations indicate a worker should be treated as an employee and which situations indicate workers should be treated as independent contractors. According to the IRS, to determine whether an individual is an employee or an independent contractor under the common law, the relationship of the worker and the business must be examined. In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence must be considered. Facts that provide evidence of the degree of control and independence fall into three categories: (1) behavioral control, (2) financial control, and (3) the type of relationship of the parties. Does thinking about being self-employed as an independent contractor still sound good to you? You'll still have a boss -- your customer! In order to satisfy your customers, you might need to be assess able 24/7. You'll have to sell yourself to build a client base. You'll need to do your own billing and record-keeping. OR have you decided to conduct a job search? How does considering self-employment help you conduct a better job search?

  • Congratulations to the 2012 Baldrige Award Recipients

    The 2012 Baldrige Award recipients-listed with their category-are: Lockheed Martin Missiles and Fire Control , Grand Prairie, Texas (manufacturing) MESA Products Inc. , Tulsa, Okla. (small business) North Mississippi Health Services , Tupelo, Miss. (health care) City of Irving , Irving, Texas (nonprofit) The nation's highest award for innovation and performance excellence is the Malcolm Baldrige National Quality Award . It is a presidential honor, established by Congress in 1987 "to promote quality awareness, to recognize quality and business achievements of U.S. organizations, and to publicize and share these organizations' successful performance strategies." Past winners include Motorola, Xerox, and FedEx. The seven key areas of the Baldrige Criteria for Performance Excellence are: leadership; strategic planning; customer focus; measurement, analysis, and knowledge management; workforce focus; operations focus; and results. "The Criteria are designed to help organizations improve their performance by focusing on two goals: delivering ever-improving value to customers and improving the organization's overall performance." Organizations submit an application detailing their achievements and improvements in those key areas. Many U.S. organizations have improved since the Baldrige Criteria for Performance Excellence were introduced. Baldrige Performance Excellence Program Strategy Map is attached. You can give feedback on the form at http://patapsco.nist.gov/BNQP_Feedback/SubmitFeedback.cfm .

  • Frankenstorm Hurricane Sandy Stops Business in the East

    NASA timelapse of Sandy - Photographer: NOAA Yesterday, Hurricane Sandy, dubbed "Frankenstorm," hit a 1,000-mile-wide area of the East Coast, from Massachusetts to Virginia. The storm brought rain, flooding, cold wind, and power outages. Managers in the area decided to close or limit business hours. Retail stores and restaurants closed. Oil refineries in the Northeast shut down or cut production. Even the U.S. stock exchange closed for the first time since 1888. New technologies were used to communicate during the storm. Weather and News feeds on the Internet were enhanced for those situations where citizens might lose television or cable but have some access to Internet, especially through mobile devices. Utilities and police sent emergency update email and text messages. Need disaster information? There's an app for that! FEMA's app contains a checklist for an emergency kit and a page on what to do during a hurricane, including tips like "take refuge in a small interior room, closet, or hallway on the lowest level." The American Red Cross released a Mobile App that includes a request for help, a flashlight app, and weather updates. It has information about open shelters and an "I'm Safe" alert for Facebook, Twitter, and email so people can tell their friends and family that they are OK. People can follow key accounts on Facebook and Twitter ( @FEMA and @RedCross ) to track the storm. Even though businesses in the affected areas closed, several are running some of their technology operations through offices in other parts of the U.S., Europe, and Asia. How has the storm affected businesses where you live? Do you think the storm will have a significant impact on business? Photo source: http://www.wptv.com/dpp/news/national/frankenstorm-live-video-8-year-old-boy-among-at-least-16-dead-in-us-after-hurricane-sandy-havoc#ixzz2AnDsZhKz

  • Crowdfunding

    Raising capital is a challenge for any business, but it is especially difficult for new businesses. Instead of asking investors for money, some small businesses and entrepreneurs are using crowdfunding Web sites like Kickstarter , to solicit money. Kickstarter began as a Web site for artists, musicians, and filmmakers to raise money for their creative projects. In this video, Yancy Strickler, co-Founder of KickStarter, tells how people are funding their entrepreneurial endeavors using his website. Backers pledge money for a project in exchange for items produced from the project, such as a music download or an art print. The Crowdfund Act is part of a new law, Jumpstart Our Business Startups (JOBS Act), which allows businesses to raise small amounts of money from small investors online. JOBS was "designed to jumpstart our economy and restore opportunities for America's primary job creators: our small businesses, startups and entrepreneurs" (See attachment). It changes the way small businesses raise capital. In general, the law allows companies to raise up to $1 million a year from small investors in return for part ownership. Whenever you ask people for help, you don't know what they will say. Will they like what you are doing? Will they want what you are offering? How successful do you think small businesses will be in searching for funds on the Web?

  • Labor Day 2012

    In this video, Secretary Solis delivers remarks for Labor Day 2012. How do you spend Labor Day?
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  • Apple versus Samsung

    Intellectual property is an important part of an overall company's net worth. It must be protected. We saw an example of this Friday when a nine-person jury sided with Apple on a majority of its patent infringement claims against Samsung Electronics, awarding Apple more than $1 billion in damages. The jury reached the verdict after reviewing internal documents from both companies including emails between managers and reports to managers. After the verdict was delivered Samsung released the following statement : Today's verdict should not be viewed as a win for Apple, but as a loss for the American consumer. It will lead to fewer choices, less innovation, and potentially higher prices. It is unfortunate that patent law can be manipulated to give one company a monopoly over rectangles with rounded corners, or technology that is being improved every day by Samsung and other companies. Consumers have the right to choices, and they know what they are buying when they purchase Samsung products. This is not the final word in this case or in battles being waged in courts and tribunals around the world, some of which have already rejected many of Apple's claims. Samsung will continue to innovate and offer choices for the consumer. After the verdict was delivered, Apple released the following statement : We are grateful to the jury for their service and for investing the time to listen to our story and we were thrilled to be able to finally tell it. The mountain of evidence presented during the trail showed that Samsung's copying went far deeper than even we knew. The lawsuits between Apple and Samsung were about much more than patents or money. They were about values. At Apple, we value originality and innovation and pour our lives into making the best products on earth. We make these products to delight our customers, not for our competitors to flagrantly copy. We applaud the court for finding Samsung's behavior willful and for sending a loud and clear message that stealing isn't right. What do you think Apple and Samsung will do now? Will Samsung appeal? Will the companies find a business solution, such as licensing? Or, will Apple decide to dominate the market? Amended Verdict Apple Samsung

  • High Jobless Rate Will Last Several More Years

    A majority of economists expect the national unemployment rate to stay above 6 percent until 2015 or later. Thirty-two private, corporate, and academic economists were surveyed by the Associated Press for its Economy Survey. (See the graphic below.) Under the Employment Act of 1946, full employment is defined as an unemployment rate of 4 percent. However, economists consider "normal" unemployment to be between 5 and 6 percent. That's because millions of Americans have become discouraged looking for work and have given up looking for a job. They are no longer counted as unemployed. Many states are encouraging the unemployed to go to Alison.com to "up-skill" themselves. They want evidence that unemployed people receiving benefits are taking active steps to improve their job prospects. Alison is short for Advanced Learning Interactive Systems Online. It is the brainchild of Michael Feerick, an Irishman. Over 400 courses are offered for free. Courses include those developed by Stanford and MIT. Employers can check the skills of job applicants who say they've taken and mastered an Alison course by asking the applicant to take a "flash test." The applicant logs on, takes a quiz from the course material of randomly selected questions, and passes or fails. Even though courses are free, Alison charges $30 for a certificate or diploma. A diploma printed on parchment costs $120. (See attached file.) How do Alison credentials compare to those of college graduates? How do credentials change as education goes online?

  • Management Conduct Contrary to Policies at Best Buy

    Richard Schulze founded Best Buy, but is stepping down as chairman after a company inquiry found that he failed to reveal the CEO's relationship with a female employee. CEO Brian Dunn resigned last month for violating Best Buy's policy . He had an inappropriate ("close personal") relationship with a female subordinate. The female employee was much younger than the CEO, according to reports. The Associated Press reported , "The company probe found that although Dunn did not misuse company resources or aircraft related to the relationship, he and the employee were in significant contact for no identifiable business purpose. For example, during one four-day and one five-day trip abroad in 2011, the CEO contacted the female employee by cell phone at least 224 times, including 33 phone calls, 149 text messages, and 42 picture or video messages." Problems affect productivity. Both Schulze and Dunn forgot that company policies, procedures, and rules are important. They are written to take care of problems which occur again and again. Companies have an incentive to implement and enforce strong policies prohibiting harassment and effective complaint procedures. Furthermore, employees have an incentive to alert management about harassment before it becomes severe and pervasive. The " Facts About Sexual Harassment " below is from the U.S. Equal Employment Opportunity Commission (EEOC). Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 . Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. Sexual harassment can occur in a variety of circumstances, including but not limited to the following: The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome. It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available. When investigating allegations of sexual harassment, EEOC looks at the whole record: the circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. Prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII. Dating a co-worker has resulted in the Best Buy CEO losing his job. Not sharing the information with the board has resulted in the chairman of Best Buy's board losing his position. Do you think any others at Best Buy knew the CEO and employee had a relationship? If so, do you think there was office gossip? Could employees see this relationship as a sign of favoritism? Should the CEO fear blackmail, the possibility that she would accuse him of hierarchical harassment or blackmail?

  • Managers Use GDP

    Managers are interested in the economy. So, they look at the gross domestic product (GDP), which is the broadest gauge of economic output. The United States Bureau of Economic Analysis (BEA) reports on GDP. The bureau defines real gross domestic product as the output of goods and services produced by labor and property located in the United States. BEA released its first-quarter 2012 advance estimate of GDP August 27, 2012. The New York Times prepared a chart based on that report and previous reports, as seen below. Recession and recovery or growth can be seen in the chart. According to the U.S. National Bureau of Economic Research , the worst recession since the Great Depression of the 1930s began in December 2007 and ended in June 2009. A recession is a period of declining real GDP and rising unemployment. During the recession real GDP dropped by ~3 % and unemployment rose from 4.7 % to 10 %. The recession (2007-2009) included a housing bubble, financial system losses, and a commodity boom. From 1995 to 2007, the U.S. housing market was booming, which encouraged many households to borrow money to buy real estate. Some of these new homeowners' loans were subprime. In other words, given their down payments, incomes and credit histories, they were at a high risk of loan default. Since 2007, many of the new homeowners found themselves underwater , owing more on their mortgages than their houses were worth. As a result, mortgage defaults and home foreclosures increased. In 2008, the financial institutions that held these subprime mortgages faced large losses. Bear Stearns was purchased by JP Morgan Chase Fannie Mae and Freddie mac were taken over by the U.S. government Lehman Brothers declared bankruptcy Bank of America purchased Merrill Lynch American International Group (AIG) received $85 billion from the federal government JP Morgan Chase purchased Washington Mutual, the biggest bank failure in history In July 2008, oil peaked at $147.30 a barrel and a gallon of gasoline was more than $4.00 across most of the U.S., driven in part by increased demand from China and other rapidly growing emerging economies. Economic contraction in the fourth quarter caused a dramatic drop in demand. Prices fell below $35 a barrel by the end of the year. Since the second half of 2009, the economy has been growing, coming close to 4 % growth in early 2010. Then growth slowed, but accelerated the rest of the year. The most recent report says that growth has slowed to 2.2 %. How might this affect decisions by managers? Will they increase or decrease production? Will they hire or lay off employees? What other decisions might be affected?

  • Fired by email

    All employees at the asset-management unit of Aviva PLC, Britain's second-largest insurance company, were mistakenly sent an email which said , 'I would like to take this opportunity to thank you and wish you all the best for the future.' Many of the employees thought that they had just been fired by email. This story became news around the world. In reality, the employee was not fired by email, but had been laid off and the email was a follow-up message. Quickly, the manager realized what had happened and recalled the email. An apology email was sent. The costs - both human and financial - of a poorly handled termination can be extremely high. The rise in wrongful termination suits is due, at least in part, to mismanagement of the termination process. When asked, many terminated employees report that they sued their former employer because of the way they were treated, rather than for any financial gain. Regulations that apply to termination include: Age Discrimination in Employment Act Americans with Disabilities Act (ADA) Civil Rights Act Title VII, Civil Rights Act of 1991 Fair Labor Standards Act Family and Medical Leave Act Immigration Reform and Control Act National Labor Relations Act (NLRA) Occupational Safety and Health Act (OSHA) Pregnancy Discrimination Act When a terminated employee sues the organization, both parties lose. For the organization, the loss includes legal fees, time and energy of key personnel, internal morale, and external public relations. The terminated employee loses time and energy that could have been directed to the job search. Termination Action Plan Once the decision to terminate an employee has been made, the manager should develop an action plan. A pre-termination planning decision to release an employee, who no longer fits the organization's needs, enhances an organization's development objectives. Schedule the termination as soon as possible. Move as quickly as possible to a termination date. List the resource people (for example, human resources (HR) representative, lawyer, and outplacement consultant) available to provide support or assistance in the termination. A HR representative can outline the terms of the severance. Also, he or she can serve as a witness to what was actually said during the termination conference. An outplacement consultant assists the terminated employee in conducting an effective job search. As a result of this service, outplaced employees make a career transition more rapidly, with less overall stress, and have a distinct advantage over non-outplaced job seekers. The organization benefits from reduced severance packages, reduced likelihood of lawsuits, maintenance of morale and productivity of remaining employees, and increased community support for the actions of the organization. Outline the primary reasons for the termination. Explain the reasons for the termination clearly, concisely, and candidly. In addition to performance issues, reasons for the termination might include change in strategic direction, mismatch between skills and job, reorganization, new technology, or change in ownership. Develop a security strategy. If the individual has access to sensitive information, take precautions. For example, change computer passwords and secure documents. Arrange for the individual to separate out, under supervision, personal effects from organization property. Personal effects can be forwarded after a qualified person has had the opportunity to evaluate their contents. Point out that these actions are designed to protect the individual as well as the organization, so that no one can be falsely accused of removing confidential documents. Determine time and location. If the termination is held in the individual's office or in a neutral location, not your office, you can control the length of the meeting and avoid a prolonged discussion or debate. Plan internal and external announcements. Determine how the news will be communicated inside and outside the organization. A formal internal announcement concerning the departure and replacement of the employee is appropriate. Notify key external suppliers and/or customers with whom the individual had regular contact of the individual's replacement. Should employees always be terminated in face-to-face meetings? OR should email be used? Explain.

  • Social Media Policy

    Can employees be fired for posting or commenting about work-related topics on social media sites? Well, it depends. The National Labor Relations Board (NLRB) has published two reports that summarized recent cases involving social media issues (August 2011) and updates (January 24, 2012) in this area of law. (The latest report is attached.) The reports underscore two main points: Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees. An employee's comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees. Lawyer Kelly Shoening wrote, "Social media use in the workplace is a continuously evolving area of law. The cases in the NLRB's latest report illustrate that questions surrounding employee social media posts and employer policies are extremely fact-specific. In devising a social media policy, employers should avoid using overly broad language and should clearly define key terms so that the policy is not construed as restricting lawful employee activity." Barry Judge, the Chief Marketing Officer at Best Buy, discusses (in this video) the different ways Best Buy uses social media. Find Best Buy's Social Media Policy at http://forums.bestbuy.com/t5/Welcome-News/Best-Buy-Social-Media-Policy/td-p/20492 . What would the lawyer think about this policy?

  • Corporate Web Protests Hurt Customers

    I was conducting research on the Web Wednesday, January 18 and found that I could not use some of the most popular sites on the Web. The corporations (Wikipedia, Google, and others) were protesting proposed anti-piracy bills -- the Stop Online Piracy Act (SOPA ) and the Protect Intellectual Property Act (PIPA ) - which would have allowed the Justice Department to force Internet-service providers, search engines, payment processors, and online ad networks to block Web sites linked to selling counterfeit products. The Web opposition succeeded in stopping the bills from being passed by the House and Senate. The Web protests made a point, but they hurt a lot of users and customers. Jeff MacGurn, Vice President of Covario, Inc. posted a blog with this infographic, "Who Did the SOPA Blackout Affect?" He wrote, "20,275,000 college students are stuck using Google caches of Wikipedia for their essays." Were customers being used as pawns? How could Web managers protest pending legislation without hurting their customers?

  • U.S. Manufacturing Jobs in China

    Companies in the United States (U.S.) such as Apple, Hewlett-Packard, Cisco, and Motorola, have moved many hazardous manufacturing jobs from the U.S. to China. The New York Times reports in this video that, "Employees work excessive overtime, in some cases seven days a week, and live in crowded dorms." In the U.S., the Occupational Safety and Health Act of 1970 created NACOSH, NIOSH and the Occupational Safety and Health Administration (OSHA). OSHA is in the U.S. Department of Labor and is responsible for developing and enforcing workplace safety and health regulations. The National Advisory Committee on Occupational Safety ( NACOSH ) is a group that advises the U.S. Department of Labor. The National Institute for Occupational Safety and Health ( NIOSH ) is the federal agency responsible for conducting research and making recommendations for the prevention of work-related injury and illness. NIOSH is part of the Centers for Disease Control and Prevention ( CDC ) in the Department of Health and Human Services . NIOSH is an agency established to help assure safe and healthful working conditions for working men and women by providing research, information, education, and training in the field of occupational safety and health. NIOSH developed the Essential Elements of Effective Workplace Programs and Policies for Improving Worker Health and Wellbeing (attached) as a guide for employers and employer-employee partnerships wishing to establish effective workplace programs that sustain and improve worker health. The document identifies twenty components of a comprehensive work-based health protection and health promotion program and includes both guiding principles and practical direction for organizations seeking to develop effective workplace programs. The NIOSH guidelines can help companies improve factories. In addition, many companies have developed a supplier code of conduct. (Search Google for "supplier code of conduct" and you will find many examples.) What else can managers do to ensure safe working environments outside the U.S.? When will global manufacturing be as safe as American manufacturing?

  • Countrywide - Not a Good Deal

    Bank of America's acquisition in 2008 of Countrywide Financial, the largest mortgage lender, has turned out to be one of the worst business deals in history. It has resulted in tens of billions of dollars in losses for Bank of America. In addition, Countrywide has become a symbol of the housing boom and collapse. "Countrywide's actions contributed to the housing crisis, hurt entire communities, and denied families access to the American dream," said Thomas E. Perez , Assistant Attorney General for the Civil Rights Division. The Justice Department announced the largest residential fair-lending settlement in history on December 21, 2011. Bank of America will pay $335 million in compensation for victims to settle allegations that its Countrywide Financial unit discriminated against black and Hispanic borrowers in their mortgage lending from 2004 through 2008. This was before Bank of America purchased Countrywide. The Justice Department determined that from 2004 to 2008, Countrywide did not have a system to comply with fair-lending rules. Countrywide's policy gave loan officers and brokers the discretion to alter the terms for which a particular applicant qualified. Lending data showed that Countrywide charged Hispanics and African-Americans more, on average, than white applicants with similar credit histories. Furthermore, brokers and employees "steered" applicants who qualified for regular mortgages into riskier, more expensive subprime loans. Bundling and reselling subprime loans as securities was one cause of the 2007 financial crisis. Attorney General Eric Holder said, "The department's action against Countrywide makes clear that we will not hesitate to hold financial institutions accountable, including one of the nation's largest, for lending discrimination. These institutions should make judgments based on applicants' creditworthiness, not on the color of their skin. With today's settlement, the federal government will ensure that the more than 200,000 African-American and Hispanic borrowers who were discriminated against by Countrywide will be entitled to compensation." Federal civil rights laws, including the Fair Housing Act and Equal Credit Opportunity Act , make a lending practice illegal if it has a disparate impact on minority borrowers. What is disparate impact ? What can a manager do to discourage disparate impact in lending practices?

  • Establish Harassment Policy

    As previously discussed, managers should encourage whistleblowers and investigate harassment . Furthermore, it is important for managers to establish a formal policy prohibiting harassment. The policy should be communicated to all employees in the company, regardless of management level. The policy should be reviewed and updated on a regular basis. An effective harassment policy should contain these points: A broad definition of the type of conduct that constitutes harassment. A statement that offenders will be subject to appropriate discipline, up to and including discharge. A statement encouraging employees who feel victimized by harassment to report the offensive conduct. A statement requiring employees and supervisors to report any offensive conduct that they experience or witness. A statement providing assurances that there will be no retaliation against an employee reporting harassment. A statement indicating that all reports of harassment will be promptly and thoroughly investigated and prompt remedial action will be taken should the company conclude that harassment has occurred. The EEOC explains prohibition against harassment . An employer's policy should make clear that it will not tolerate harassment based on sex (with or without sexual conduct), race, color, religion, national origin, age, disability, and protected activity ( i.e. , opposition to prohibited discrimination or participation in the statutory complaint process). This prohibition should cover harassment by anyone in the workplace - supervisors, co-workers or non-employees. Management should convey the seriousness of the prohibition. One way to do that is for the mandate to "come from the top," i.e. , from upper management. The policy should encourage employees to report harassment before it becomes severe or pervasive. While isolated incidents of harassment generally do not violate federal law, a pattern of such incidents may be unlawful. Therefore, to discharge its duty of preventive care, the employer must make clear to employees that it will stop harassment before it rises to the level of a violation of federal law. The EEOC explains protection against retaliation . An employer should make clear that it will not tolerate adverse treatment of employees because they report harassment or provide information related to such complaints. An anti-harassment policy and complaint procedure will not be effective without such an assurance. Management should undertake whatever measures are necessary to ensure that retaliation does not occur. For example, when management investigates a complaint of harassment, the official who interviews the parties and witnesses should remind these individuals about the prohibition against retaliation. Management also should scrutinize employment decisions affecting the complainant and witnesses during and after the investigation to ensure that such decisions are not based on retaliatory motives. The EEOC explains effective complaint process . An employer's harassment complaint procedure should be designed to encourage victims to come forward. To that end, it should clearly explain the process and ensure that there are no unreasonable obstacles to complaints. A complaint procedure should not be rigid, since that could defeat the goal of preventing and correcting harassment. When an employee complains to management about alleged harassment, the employer is obligated to investigate the allegation regardless of whether it conforms to a particular format or is made in writing. The EEOC advises employers to designate at least one official outside an employee's chain of command to take complaints of harassment. For example, if the employer has an office of human resources, one or more officials in that office could be authorized to take complaints. Allowing an employee to bypass his or her chain of command provides additional assurance that the complaint will be handled in an impartial manner, since an employee who reports harassment by his or her supervisor may feel that officials within the chain of command will more readily believe the supervisor's version of events. It also is important for an employer's anti-harassment policy and complaint procedure to contain information about the time frames for filing charges of unlawful harassment with the EEOC or state fair employment practice agencies and to explain that the deadline runs from the last date of unlawful harassment, not from the date that the complaint to the employer is resolved. While a prompt complaint process should make it feasible for an employee to delay deciding whether to file a charge until the complaint to the employer is resolved, he or she is not required to do so. The EEOC explains confidentiality . An employer should make clear to employees that it will protect the confidentiality of harassment allegations to the extent possible. An employer cannot guarantee complete confidentiality, since it cannot conduct an effective...
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