How Recent Social Movements Could Impact Non-profit Organizations Matt Kletzli Management Liability Leader

Transcription

1 How Recent Social Movements Could Impact Non-profit Organizations Matt Kletzli Management Liability Leader

2 The Evolution The phase MeToo was created by social activist Tarana Burke in 2006 as part of a grassroots campaign to promote empowerment through empathy among women who have experienced sexual abuse. Viral movement exploded in October 2017 Twitter: #MeToo was tweeted by an actress on October 15, 2017 and was used more than 500K times within 24 hours. Facebook: #MeToo used by more than 4.7M people in 12M posts during first 24 hours. 1

3 The Evolution Strength in numbers Groundswell of support by popularization of celebrities At least 20 countries have a version of #MeToo No longer fear retribution of those in power Shakedown of high profile industries including entertainment, academia, sports, politics, etc. Movement has grown to include both men and women of all races and ages Time s Person of the year 2017 The Silence Breakers 2

4 Impact of Emboldened Reporting Heightened awareness = any and all allegations are now taken seriously Before the movement an estimated 75% of all workplace harassment incidents were unreported (Source: EEOC) Risks for non-profit if in the media spotlight for a sexual harassment claim? Reputational damage of becoming a headline Guilty until proven innocent Potential for increased costs in litigation to defend your name Loss of public contributions or corporate donors Loss of certifications, designations, and charity ratings 3

5 Potential Changes in Litigation Will the EEOC perception of sexual harassment change? Defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. (Definition also includes offensive remarks about a person s sex). Although the law doesn t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). Societal clarity on what constitutes harassment in the workplace EEOC study found reports of harassment grew when the specific acts that count as harassment were more specifically defined 4

6 Potential Changes in Litigation Sexual Harassment legislation already taking place across industries #MeToo Congress Bill and The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act 5

7 Best Practices for Non-Profit Organizations Perception! Know your Audience What constitutes sexual harassment or inappropriate behavior to an individual? Be cognizant of the power balance in the perception of sexual harassment Be careful with spoken statements and touching Reporting Have a clear process for reporting abuse and more than one contact 6

8 Best Practices for Non-Profit Organizations Strong Policies & Procedures Have procedures for anti-harassment, gender discrimination, intersectional discrimination and sexual harassment regardless of the gender makeup of employees or size of staff Define what harassment is and is not Clear policy on protections from retaliation Electronic and Social Media procedures Ensure policies are robust and are in compliance with harassment and discrimination policies Include symbols such as emojis in policies 7

9 Best Practices for Non-Profit Organizations Management and Employee Training Schedule often not just when onboarding new individuals or to avoid legal liability Public face or star employee/donor vs. Protect your staff and reputation Weigh the risk vs. the reward is the employee or donor potentially costing the organization more than bringing in? 8

10 Best Practices for Non-Profit Organizations Document preventative measures Document policies, provide training and conduct investigations Take advantage of Risk Management Hotlines Procedure reviews Utilize employment counsel 9

11 Your Schinnerer Non-Profit Team Andrea Medinaceli Senior Account Executive Phone: (301) Yumi Park Senior Account Executive Phone: (301) Jessica Smith Senior Account Executive Phone: (301)

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