1. The Legal Implications of Culture Shock in the Workplace
September 19, 2016
Presented By: Dawn J. Lanouette, Esq.
Hinman, Howard & Kattell LLP
P.O. Box 5250
80 Exchange Street
Binghamton, New York

2. Disclaimers
This presentation is not intended to be legal advice. It is for information purposes only.
This may be considered attorney advertising. You should not rely on it as legal advice.
Please contact an attorney to discuss your specific situation.
© Hinman, Howard & Kattell, LLP

3. cul·ture shock noun
the feeling of disorientation experienced by someone who is suddenly subjected to an unfamiliar culture, way of life, or set of attitudes.
--Google
a sense of confusion and uncertainty sometimes with feelings of anxiety that may affect people exposed to an alien culture or environment without adequate preparation
--Merriam-Webster

4. Key Words
Anxiety
Frustration
Confusion
Disorientation
Uncertainty

5. What Causes This? Increase in Diversity Increase in Younger Workers
Changes in National Politics

6. Tattoos, Piercings, Hair Colors – Oh My!

7. What Are the Rules?
“In general, an employer may establish a dress code which applies to all employees or employees within certain job categories.  However, there are a few possible exceptions.”
--EEOC Guidance

8. Exceptions Must Be Made for
National Origin
Religious Dress
EEOC v. Abercrombie & Fitch
Disability Accommodation
What about Gender?
May Have Differences that conform to gender norms (i.e. pierced ears, long hair)
OFCCP Guidelines prohibit Gender Stereotyping (eff. August 15, 2016) 40 C.F.R. 60

9. Political Opinions

10. What Is Likely Happening in Your Workplace?
About 1/3 of Supervisors have Argued about politics at work
About 13% of non- supervisors
Highest percentage is year olds
--Careerbuilder Survey July 14, 2016

11. What Does the Law Say? Company Pressure Employee Activity
Money
Candidate/Position Support 11 C.F.R. § 114.5(a)
Employee Activity
At work v. Off Duty
Dress Code (Union)
Solicitation
N.Y. Labor Law §201-d
Time Off to Vote

12. Employee Speech Can Generally Make Workplace Rules
Can Enforce Behavioral Rules
Can (and Must) Bar Discriminatory Speech
Public Employers Have Different Rules

13. Marijuana

14. Changing Attitudes 70% Favor Medical Legalization in some form
58% overall favor Legalization
62 % among adults under 30
56 % among those aged 30 to 49
49 % among those aged 50 to 64
31 % among those over 65
--October 2015 Gallup Poll

15. Employer Issues
Medical Marijuana--Compassionate Care Act (N.Y. Pub. Health Law § 3360)
Legal Recreational Use

16. Prescription Opioids

17. The New Epidemic prescription opioids has quadrupled since 1999
Between , more than 165,000 people died of prescription opioid overdose
About 25% of people in the workplace are misusing prescription drugs

18. Frightening Statistics
21 percent of male athletes and 14 percent of female athletes will suffer a sports-related injury in a given year.
Adolescent male athletes are twice as likely to be prescribed opioid painkillers, and four times more likely to abuse the pills than nonathletes.
Three-quarters of high school heroin users started with a prescription opioid

19. What Can Employers Do? EEOC Rules for Prescription Drug Inquires
inquiries.html
Job Related and Consistent with Business Neccesity
Poses and Direct Threat to Public Safety
Wellness Program Presentations?

20. Transgender Employees

21. New Protections NYC Enforcement Guidance
NYS Amendment to DHR Regulations (466.13)
Discrimination on the Basis of Gender Identity
EEOC Guidance
_facts.cfm
OFCCP Executive Order — Sexual Orientation and Gender Identity

22. What To Do? Don’t Discriminate Educate the Workforce
Consider Single Stall Bathrooms if Necessary
Be Prepared for a Conversation with a Transitioning Employee

23. Social Media

24. Special Rules Building Contractors Construction Industry Fair Play Act
Truck Drivers
New York State Commercial Goods Transportation Industry Fair Play Act
transportation-industry-fair-play-act.shtm

25. Protected Concerted Activity

26. Tips for Survival

27. Have a Strong On-Boarding Process
Train Front-line Managers and Supervisors
Integrate the Working Floor with the Back Office
Create and Maintain a Dialog
Have Good Policies (and review them regularly)

28. Training Training Training!
What Works for You? (Formal v. Informal)
Practical Is Better
On Going Process

29. © 2016 Hinman, Howard & Kattell, LLP
Questions
Photographs by Ryan McGuire
© Hinman, Howard & Kattell, LLP