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By Jamie Herzlich

With more employees coming forward, there’s been an uptick in companies requesting guidance on how to handle potential claims, experts say.

The #MeToo movement has put sexual harassment in the forefront and made it easier for victims to speak out.

That makes it all the more important for employers to be prepared to handle harassment complaints from employees, say experts.

“You don’t want to wait until someone comes forward and then scramble,” says Deb Muller, CEO of Florham Park, New Jersey-based  HR Acuity. “You should be sitting down with your leadership team and saying ‘How do we manage this?’ ”

Anecdotally, she says, she’s been hearing from employers about more sexual harassment incidents being reported internally in the workplace.

“This doesn’t necessarily mean more incidents are occurring, it just means more individuals are comfortable stepping forward,” says Muller.

Christine Malafi, a partner at Campolo, Middleton & McCormick in Ronkonkoma, has seen an uptick in the number of employers requesting guidance on handling potential claims of sexual harassment in the workplace and also looking to update their policies or do refresher training.

“The best defense is a good offense,” says Malafi.

While not all reports turn out to require disciplinary action or result in formal charges being filed, each one must be taken seriously.

“A lot of times it’s a misunderstanding of a situation that can be solved by having a conversation with a member of the company’s management team or human resources team,” says Jeff Agranoff, a principal at Jericho-based Grassi & Co., a CPA and business advisory firm.

“The most important thing you can do is listen and take notes,” says Muller, adding that you can even have an intake questionnaire or template ready.

Have a process and point person  to whom employees can go to report complaints.

If someone reports an incident, ask the employee key questions: What happened? Who was involved? What was the impact of the incident (i.e., did you lose your job?).

You want the employee to feel comfortable coming forward; otherwise the person could end up taking the complaint elsewhere (i.e., to an attorney), Muller says.

“It’s a dangerous situation for a company to not follow a process and investigate it properly,” says Agranoff, noting this typically includes interviewing all people involved.

While conducting the investigation, it’s best to leave the employee in  his or her current position unless a specific change is requested, he says.

“You have to make a reasonable accommodation to put the person in a more comfortable environment,” he says, noting if the the person is comfortable with the current situation “don’t change things just to change them.”

You don’t want someone negatively impacted because they made the complaint. In fact, your harassment/discrimination prevention policy should include a statement prohibiting retaliation.

In the same respect, employers should not be accusatory toward the person the complaint is lodged against while the investigation is ongoing, says Malafi.

Be as discreet as possible when investigating, she says. Perhaps even avoid using names when initially interviewing witnesses. For example, in a case where someone showed inappropriate pictures in the lunchroom, when interviewing employees you may just say there was a complaint that involved someone showing inappropriate pictures and see how they respond, says Malafi.

If an investigation results in valid claims on the part of the accuser, it’s the obligation of the employer to take remedial action to do its best to ensure the  behavior doesn’t continue, says Pfadenhauer, author of “Workplace Investigations: Discrimination and Harassment” (Datamotion Publishing, $29).

Depending on the circumstances, this doesn’t always mean termination; it could mean restating your policy and making sure everyone’s clear on what’s appropriate and inappropriate conduct in the workplace, she says.

And then, says Pfadenhauer, “Management should periodically follow up to make sure the inappropriate behavior does not continue.”

Read it on Newsday.

Walking through the bright, colorful hallways at Lorraine Gregory Communications’ shiny new headquarters, over the hum of state-of-the-art printers and the voices of employees energetically collaborating about social media campaigns, it’s hard to imagine that this lively, innovative company started out in the early ‘90s as a direct mail business staffed by three people stuffing envelopes.

LGC, today a powerhouse marketing and communications firm, recently expanded their footprint with a move to the Heartland Business Center in Edgewood. Founder and CEO Greg Demetriou, a client and friend of CMM, recently invited CMM Managing Partner and HIA-LI Board Chairman Joe Campolo for a tour of LGC’s beautiful 25,000 square-foot facility. The “front of the house” is home to marketing operations, while the “back of the house” features a fully-equipped professional studio and an enormous yet meticulously organized printing and mailing center.

An award-winning retired NYPD detective, Demetriou launched his current career almost by accident. His brother, then a corporate VP at PaineWebber, opened a new business to process proxy mail for the brokerage and asked Demetriou to organize the operation.  Starting with an empty warehouse, the company grew to 132 employees and processed 50 million pieces of mail by the following year. Once that business closed, Demetriou and his wife, Lorraine, pooled their money to purchase a storefront direct mail company he saw advertised in the newspaper. Eventually, through years of dedication and hard work, the former detective found himself at the helm of a direct mail consultancy; a full-service letter shop, fulfillment, and mailing provider; a communications firm; a full color offset and digital commercial printer and bindery; an online development and marketing solutions provider; and a brick-and-mortar and online purveyor of printed envelopes servicing consumers, municipalities, and institutions.

The company was completely rebranded in 2015, effectively merging these distinct divisions into the LGC corporate identity. Today, LGC is the premier provider of marketing and communications expertise in the region, helping clients market themselves on Long Island and around the globe. Demetriou and his team of 35 employees focus on integrated marketing – servicing all marketing needs for clients including advertising, branding, direct mail, media strategy, printing, PR, social media, and web design – all under one roof. LGC is a one-stop-shop for clients with no need to outsource.

“You can’t leave a base untouched,” Demetriou explains. “Marketing is about consistency, and being where your audience is when they’re there.” While a social media presence is absolutely critical today, Demetriou says, each time you add a medium, your ROI goes up. “We still work with clients on TV and print ads – everything is just more targeted. It’s all about the messaging.” LGC works with clients to determine the best platforms and strategy for them to showcase their unique focus. For example, LGC recently helped a client who was looking to hire more workers craft social media posts highlighting the vibrant company culture, employees, and their personal stories to generate buzz and prompt resume submissions.

A longtime supporter of the HIA-LI, well known in the Long Island business community, and now getting to know his new neighbors in the Heartland Business Center, Demetriou enjoys working with clients who understand the value of investing in marketing. As chief rainmaker and strategy officer of the company, he’s also getting to know Long Island CEOs on a deeper level through his exclusive “Ask a CEO” interview series featuring leaders including Michael Dowling, CEO of Northwell Health. But as LGC’s client base grows in size and sophistication, the personal touch remains a hallmark: Demetriou recently drove to a New Jersey trade show to support (and surprise) a client who was nervous about the big event.

Demetriou points to his staff as the reason for LGC’s incredible growth. Company culture is vital at LGC; as Demetriou explains, with today’s relatively low unemployment, companies need to offer something different to attract top talent. “We hire for culture. Skills can be trained,” he says.  As a result, LGC has been awarded several honors from not only HIA-LI, but also Long Island Business News, Future 50, and Smart CEO.

Prospective clients wondering if LGC is the right fit for them need only glance around at important business events and in their networks. “I’m everywhere!” Demetriou jokes. LGC will help companies looking for mature, sophisticated marketing be everywhere, too. Learn more at https://lorrainegregory.com/.

He asked a CEO: Greg Demetriou, founder and CEO of Lorraine Gregory Communications (LGC), recently welcomed Joe Campolo to the company’s beautiful new headquarters in the Heartland Business Center in Edgewood. Next photo: Expect the unexpected at LGC, where creating engaging experiences is part of the company’s DNA.

Entrepreneurship, professionalism, and good corporate citizenship are hallmarks of the LGC experience. Next photo: Social media is just one of the many services LGC offers. Colorful signs and walls help get the team’s creative juices flowing.

A former detective with the New York Police Department, LGC President and CEO Greg Demetriou proudly displays his NYPD Medal of Honor. Next photo: Demetriou, along with VP of Business Development Heather Edwards, recently gave Joe Campolo a tour of their new headquarters, which features an on-site studio. As an integrated marketing agency, LGC offers clients all the services they might need – from branding to social media to direct mail to PR – all under one (large) roof.

At LGC’s new space in the Heartland Business Center, the “front of the house” is home to marketing operations while the “back of the house” features studio, printing, and mail space. Next photo: Think today’s marketing is all digital? LGC still processes between 80 and 100 million pieces of mail a year, generating $20-30 million in postage.

They don’t make them like that anymore: nestled in with the latest technology, this Envelope Master still puts in a hard day’s work. Next photo: This “envelope assembly line” makes the postage machine in your office seem quaint.

Whoever said “print is dead” hasn’t worked with LGC. Next photo: An old-fashioned looking machine churns out the cutting-edge work of LGC.

Members of the LGC team welcomed Campolo to the office.

By Christine Malafi

Sexual harassment in the workplace is by no means a new issue, but in the wake of the #MeToo movement, New York lawmakers have taken action to address it. While well-prepared employers have had sexual harassment policies and training in place for some time, under new legislation, passed as part of the 2019 New York State Budget and signed by Governor Cuomo in April, employers now have no choice and must have policies and training. With portions of the new laws already in effect, and the remaining law going into effect in the very near future, it’s critical that employers approach compliance in a proactive way.

Below is a guide to important policy changes and their effective dates. This list is not exhaustive, and we encourage you to contact us to review your particular situation. Additionally, employers with a New York City presence must comply with several additional requirements and deadlines not addressed in this article; please contact us to review these requirements in detail.

Immediately

• The New York State Human Rights Law now protects all individuals against sexual harassment in the workplace, regardless of their employee status or role. For example, employers may be responsible for sexual harassment endured by their independent contractors and consultants.

July 11, 2018

• As of this date, agreements requiring sexual harassment claims to be submitted to mandatory arbitration are void under New York law.
• Courts are not permitted to approve confidential settlement agreements for sexual harassment claims unless the complainant: (a) is the one who requests confidentiality, (b) was given 21 days to consider the confidentiality provision, and (c) was given seven days to revoke his or her acceptance of the confidentiality provision.

October 9, 2018

• By this date, all employers must prepare and distribute a written sexual harassment policy (either the model sexual harassment prevention policy prepared by the New York State Department of Labor and the New York State Division of Human Rights, or their own policy compliant with all standards of the model policy). The adopted policy must include a statement prohibiting sexual harassment or retaliation for complaints, examples of prohibited conduct, information about the federal and state laws regarding sexual harassment, a standard complaint form, a procedure for timely investigating complaints, a statement of rights, and notice that sexual harassment is considered to be employee misconduct, among other requirements.
• Sexual harassment training for all employees must occur annually. Training must be “interactive” and as with the written policy, employers have a choice of presenting the state-approved version or their own program compliant with all the requirements, which include a definition of sexual harassment, examples of prohibited conduct, and information about the federal and state laws addressing sexual harassment as well as employees’ right of redress and methods/forums to handle complaints.

We encourage our clients to be proactive in addressing these changes by immediately evaluating their existing sexual harassment policies and training (if any) and contacting us for guidance in timely complying with these important new requirements. We are here to help!