Rod Satterwhite and David Greenspan are members of the Labor & Employment group at McGuireWoods LLP. Both handle employment litigation on behalf of employers, and advise companies on employment issues regularly.

Thursday, October 26, 2006 - Posts

Hostile Environments, Part II

On Wednesday, October 25, 2006, a former editor in chief of the Source magazine, a popular hip hop monthly, won $15.5 million in a suit that originally alleged sexual harassment, gender discrimination, defamation, retaliatory discharge, and maintaining a hostile work environment.  Hip hop culture hostile to women?  Who knew?

Kimberly Osorio, the former editor in chief, lost her job allegedly for “poor performance”, which included a decision to publish a cover photo of rapper Nellie without his posse and running a negative review of a CD by another rapper, "Fat Joe".  I, for one, cannot imagine two clearer instances of job neglect and incompetence.

Osorio testified that her bosses repeatedly begged her for sex and that another editor threatened to physically assault her.  She testified that life in the Source’s offices in New York included watching pornographic videos, graphic threats of violence, and the constant theme of office gossip alleging sexual liaisons between Osorio, the owners, and various rap artists.  Further enlivening the testimony, Osorio’s attorney, Kenneth Thompson, advised the judge during the trial that one of the Source’s owners shouted  “Coward! Chump! Uncle Tom!", to him as Thomppson went to the bathroom during a recess.  This was the same owner that had his own rap album promoted with a cartoon depicting him holding the bloody and severed head of white rapper Eminem, although his partner said that such displays were all part of the hip hop culture and being a hip hop artist.

 It’s cases like these that keep Rod and me in employment law – as Don Imus frequently says, “you just can’t make this stuff up”.

Obvious Job Interviewing Tips

CNN has a segment from Careerbuilder.com listing what can only be described as “stupid interview tricks” that bear repeating here, if for no other reason than to make you feel better by comparison.  Some of these are so obvious that you have to wonder ….

 For example, under the guidance “Don’t Let Your Professionalism Slip”, the article describes one applicant who brushed her hair in the middle of the interview (what, didn’t have time to look in the bathroom mirror before walking in the door?), and another who brought his pet dog along to the interview so he would have something to talk about.  I have had some of my co-workers bring their dogs into the office on Saturday mornings, but they at least waited until they made partner.

 Honesty is generally the best policy, unless you are honestly informing the interviewer that you’ve lied on your resume.  One applicant indicated that he had, but that he should get the job anyway because of his attractiveness and a presumably qualified brother in the information technology field for which the applicant was applying.  Bad idea.  Similarly, an applicant for an apartment manager position who told the interviewer that she saw nothing wrong with charging more for rent than the ownership said to charge so that she could have a little spare cash probably revealed a little too much.  Likewise, listing all the places that you’ve interviewed that didn’t offer you a position is probably not going to instill confidence in the interviewer.

 For those of you who need to take the occasional nerve pill to get through meeting someone for the first time, the general advice is “do it”.  The job applicant who vomited on the interviewer, and the one who laughed so nervously and loudly that she spit out a false tooth probably didn’t get that “hire” box checked on the evaluation at the end of the day.  At the same time, don’t show up for an interview with a bottle of beer in your hand and finish it in the reception area while you wait for the interview.  Not only will the receptionist alert the management team, but when you walk in smelling of beer you generally give people some pause about your judgment as well as your imbibing habits.

And for those of you who are responsible for job interviewing, if you see any of these warning signs in an applicant, I’d take a pass, unless the guy with the dog is applying to be a partner in a law firm.