The Nuts and Bolts of.....Sexual Harassment

Last week we made fun of a company that was involved in a sexual harassment claim. Let's help each of you with a proper definition and preventative policies that will help your glass company avoid this problem.

In the United States, sexual harassment is discrimination, violating Title VII of the Civil Rights Act of 1964. A simple definition states: "Sexual harassment occurs when one employee makes continued and unwelcome sexual advances, requests for sexual favors, and any other type of physical or verbal conduct of a sexual nature, to another employee, against his or her wishes."


Here is where the law comes in: sexual harassment occurs "when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with with an individual's work performance or creates an intimidating, hostile or offensive work environment." (from the US Equal Employment Opportunity Commission, EEOC)


This sure doesn't sound like your glass shop, does it. You joke around, a little, and your foreman has a joke or a smart comment, every day, but, look out--

Here are some examples of what courts have found to be sexual harassment, which means someone was found guilty...and that costs big bucks!

• Touching and any other bodily contact such as scratching or patting a coworker's back, grabbing an employee around the waist or shoulders, or interfering with an employee's ability to move. (Unless you are on a basketball court, stay out of people's way.)


• Repeated requests for dates or meetings that are turned down.


• Unwanted gestures, jokes, offensive words on shirts, and unwelcome comments and/or suggestions.


• Transmitting or posting emails or pictures of a sexual or other harassment-related nature. (Modern times don't excuse old-fashioned stupidity)


• Showing or flaunting sexually suggestive pictures or toys.

In your glass shop, where you are used to being the chief decision maker, the government has made these decisions for you. It is not what you think, it is what the prosecutor, the judge and the jury thinks. 99 times out 100, they will be stricter than you.

We know it is not you, but here are the standards: (from the EEOC--http://eeoc.gov/policy/docs/harassment-facts.html)--

• First, An individual qualifies as an employee's 'supervisor' if the individual has the authority to recommend tangible decisions affecting the employee or if the individual has the authority to direct the employee;s daily work activities.
• Second, an employer is ALWAYS responsible for harassment by a supervisor that culminated in a tangible employment action (tangible means a change in earnings, job assignment, job structure, etc). If the harassment did not lead to a tangible employment action, the employer is still liable unless it proves that; 1) it exercised reasonable care to prevent and promptly correct any harassment; AND, 2) the employee unreasonable failed to complain to management or to avoid harm otherwise.
• Next, you as an employer should: establish, distribute to all employees, and enforce a policy prohibiting harassment and setting out a procedure for making complaints. In most cases, the policy and procedure should be in writing.
• Also, you should strongly encourage employees to report harassment to management before it becomes severe or pervasive. The employer should designate more than one individual to take complaints, and should ensure that these individuals are in accessible locations. You should instruct all of your supervisors to report complaints or harassment to appropriate officials. You should also assure all employees that if the complain, you will protect the confidentiality of harassment complaints to the extent possible.

The next blog on this explosive subject will cover what to do when there is a complaint in your company. In the meantime, talk about glass, politics and Mets/Yankees rivalry, but not the "S" word.

I will be off next week, we'll see you on the net in two weeks.

How to Waste $267,000 In The Glass Business

It's easy.

Step 1: Touch two female workers where you shouldn't.

Step 2: Ignore their complaints.

Step 3. When a legal complaint is filed, ignore it.

Step 4. When the trial is called don't show up.

You see, Sunfire Glass, a glass blowing company, in Phoenix, Arizona, had an owner who felt he was the BOSS, if many different ways. When his female glass blowers had a hot glob of glass on their pipes, he knew they couldn't do anything but stand there and accept his advances. They complained, but to no avail. Until they had enough and went to court. The bottom line, the owner has disappeared, his phone is disconnected, and of course, his business is closed.

Now, what about your business. Can you afford a $267,000 fine? And the legal costs? It is not you, of course, but if you have an employee that does this, and you don't take action, you might as well open the checkbook.

YOU ARE RESPONSIBLE FOR ANYTHING THAT GOES ON IN YOUR COMPANY. If your foreman does this, and you don't take action after someone complains, you are as guilty as the foreman.

You, as an owner or a manager, should never make a sexual joke in your company. Period. Sure, your repertoire of humor will have to change. So be it. Tell stock market jokes, or lawyer jokes. Don't tell ethnic or sexual jokes. Set the standard for the employees around you.

Rule number 1. Do not, under any circumstance, ever, touch an employee in a suggestive way. Don't comment on some one's looks...or their bodies. If you have knowledge about some one's personal life, keep it secret. No owner should ever gossip about their employees. When you imply thoughts about an employee's sexual life, and the employee hears about it from a third party, you have a chance to join Sunfire Glass in court. Sure, there were times in my company when I commented on such things, but as I grew to understand potential liabilities, I refrained.

Rule 2. Always discourage ethnic and sexual jokes. This still leaves the meltdown of the Mets, politics and your mother-in-law to have fun with.

Rule 3. If you have to stop and think if it is inappropriate, it is.

One quick war story. I was the manager of Floral Glass for over twenty years, and went to court only once on an harassment charge. We had over 240 employees in three states, with plenty of interaction among peoples of all races, ethnicities and sexual preferences. Here is how I got bit. A male worker in our factory was offended that his supervisor made fun of him because he worked slowly. There was some 'locker-room' type humor, on a guy-to-guy basis. And this humor cost us big time, as the worker complained of sexual harassment by his male supervisor. To make a long story short, we paid.

You never know where it will come from. All you can do is work tirelessly to teach and prevent. You will never know what you prevent, what you save, but I promise that you will be better off if you do prevent.

Next week we'll talk about an harassment policy that will work in all glass shops.

The Best Investment You Can Make In Your Glass Shop

Yep. Here it is. This investment will pay you more dividends than shorting a bank stock. Bernie Madoff is not part of this; you don't need permission from the government, and I promise you that your company will come out ahead with this investment.

Here it is:

Safety.

Safety is not a stock, it is not a scheme. Safety protects your workers, which saves you money. An accident-free year will trim your worker's comp insurance by as much as 20%. Do the math. It pays to be safe.

In addition to the insurance savings, reduced or eliminated injuries means no lost productivity. No one standing around talking about an injury, no one home watching the commercials for 1-800 Sue Your Employer, and not having to train someone to take the place of an injured person. These savings are worth more than the cash savings on your insurance premium.

Of course, the best thing is that no one gets hurt, or if they are hurt, the severity would be greatly reduced. I have ridden in the ambulance with an injured employee, have talked with the wife and family of a worker who was hurt. No fun here. I sure wish I could have prevented these accidents.

But, accidents are just that, accidents. How can you prevent what you can't predict? Simple. Look at every action taken in your building or on your job sites. You will see many opportunities for accidents. Train your people to think about safety as they go through the work day. Remove the clutter from your shop; don't take jobs that have greater chances of being dangerous. I was in a glass fabricator's office last month when a customer called and asked if he could buy a piece of single thick, 60 x84. He was told we had the size, but can not sell it as a loose stock sheet. After explaining how unsafe this was, the customer then offered to pay an extra $5.00 if it could be delivered. My client said "NO". I am glad they did. After he offered $10.00, we started laughing. My client was smart to know that no amount of extra money could repay the costs incurred in that piece broke while being picked up.

Fabricators have thin glass this large because they have invested in handling equipment that takes the worker out of the equation. This investment pays off because they get increased yields on large glass, while having no chance for injury if the equipment is used correctly.

Keep it simple...insist that your employees wear gloves, arm and wrist guards, safety glasses with side shields, work shoes with leather soles and steel toe guards, and hard hats when any glass is over their head. You will spend about $200 per employee, and I promise you, this will be the best money you ever spent. When one person gets a bruise on his wrist, instead of a 10 stitch cut, you will have made back your investment many times over.

Reduction of injuries is key...even better is prevention. You can't measure how many accidents you prevent. But you will prevent some by teaching and stressing safety for everyone. Your actions should back this up. Wear the safety gear yourself, both as an example, and to protect yourself.

Back up your men when they say a job isn't safe to work at. Go right to the job site and work something out with the owner/GC that allows your crew to work safely. Your crew will be proud of you for the support.


Let's shift gears for a second. Does anyone have the 'writer's bug'? I am looking for a couple of guest blogs to run in May, when I may not be available to write. The topics can be anything that is relevant or interesting to the glass industry. Send you blog to me at: paulbaseball@msn.com. I will only edit your writings for spelling and grammar. I can't promise to run everyone's...but send yours to me and let's see what happens.

Do You Have Your Opening Day Program Set?

Play Ball!

In the spring, probably the two greatest words in the English language. Yes I am predictable, so what, this is still my blog! Six weeks of spring training, watching the old pros and the rookies. Who is going to make it? Practicing the throws from third base and short. Lots of practice goes into the start of business on opening day. Why can't a glass company run like this?

Well, it can.

What plans have you made to improve your company? What have you done to improve your players? What trades have you made?

You are missing a great opportunity to upgrade your staff. There are a lot of great people out of work--through no fault of their own. Put an ad in the paper...see what you draw...I am very sure you will upgrade your staff. How do you do this without upsetting your current people? You get rid of the dead wood hanging around, delete the weak players on your team. Place the ad, then hire great people for the upcoming season.

Do the veterans on your team work out with the rookies? It is quiet now, so you have time to set up teaching teams. Give each vet/rookie team an assignment to create something out of your scrap metal and cutoffs. Maybe build a miniature airplane, or boat; something that takes care and patience in cutting and forming metal.

Practice loading trucks, knocking minutes off the time it takes to leave the shop each morning...maybe look at the layout of your shop to see where there are bottlenecks in your work flow.

Have a veteran/rookie team look at all of your scrap and your cutoffs. Have the veteran explain what each type of product is, how it is used, and then they make a joint decision to keep it or to scrap it.

Do you have a new product you are going to start working with? Now is the time to create a test installation out of the scrap in your yard using the new product and getting used to it.

Even the $20 million dollar ball players need to practice. Give your workers the opportunity, and fact require your workers to practice on new products before the first time they see it on a job site. Avoiding the errors with strong practice sessions will create a stronger and more profitable glass company.

This blog is about as 'corny' as can be...but it is correct. Practice...practice writing up orders for shower doors, practice perfect caulking beads, practice measuring tough out-of-square pieces, practice giving customer service. It is the only way to become a champion, on the ball field, or the glass industry.