Christian-Newsome trials - the DA and his staff should have asked Baumgartner to recuse himself - not Blackwood

They don't like Blackwood because he won't give them the answer they want - that there should no new trials. Problem is - they were in control of this ship. They knew about Baumgartner's addictions and let it go. They were obligated, by the Rules of Professional Conduct, to turn Baumgartner in to the Board or report him for his misconduct. They shirked their responsibilities because things were going their way in his court. It was not just the DA, it was also the ADAs who worked in his court on a regular basis. Now, rather than accept responsibility for their actions, they are trying to get Blackwood off the bench because he won't play ball with them. The article below is a great summary of arguments made by defense attorneys against the  DA. They are 100% right!

http://www.knoxnews.com/news/2012/jun/28/da-randy-nichols-hid-signs-of-ex-judge-richard/

Donut sniffing v drug sniffing - don't need a dog for this one Dano

The results of tort reform will be the same in TN. So much for the lies the politicians and the insurance companies told: New study: Tort reform has not reduced health care costs in Texas

New study: Tort reform has not reduced health care costs in Texas

Folks, they tried to sell these lies here in Tennessee too. We will have the same results. There will be no savings to Tennessee's citizens. And, you have given away rights that you will have to battle to get back. The politicians and the insurance companies and big corporations and the doctors have decided how much you can get when you are hurt by something they do.

If you have been injured in any way, contact me: Robert L. Vogel, Trial Attorney - 865-357-1949www.robertvogellaw.com

For anyone who has been harassed at work here's information that will help

Workplace Harassment is a Form of Discrimination

Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority.

Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation (sometimes collectively referred to as “legally protected characteristics”) constitutes harassment when:

1. The conduct is sufficiently severe or pervasive to create a hostile work environment; or
2. A supervisor’s harassing conduct results in a tangible change in an employee’s employment status or benefits (for example, demotion, termination, failure to promote, etc.).

Hostile work environment harassment occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment – a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed.

Examples of actions that may create sexual hostile environment harassment include:

• Leering, i.e., staring in a sexually suggestive manner
• Making offensive remarks about looks, clothing, body parts
• Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body
• Telling sexual or lewd jokes, hanging sexual posters, making sexual gestures, etc.
• Sending, forwarding or soliciting sexually suggestive letters, notes, emails, or images

Other actions which may result in hostile environment harassment, but are non-sexual in nature, include:

• Use of racially derogatory words, phrases, epithets
• Demonstrations of a racial or ethnic nature such as a use of gestures, pictures or drawings which would offend a particular racial or ethnic group
• Comments about an individual’s skin color or other racial/ethnic characteristics
• Making disparaging remarks about an individual’s gender that are not sexual in nature
• Negative comments about an employee’s religious beliefs (or lack of religious beliefs)
• Expressing negative stereotypes regarding an employee’s birthplace or ancestry
• Negative comments regarding an employee’s age when referring to employees 40 and over
• Derogatory or intimidating references to an employee’s mental or physical impairment

Harassment that results in a tangible employment action occurs when a management official’s harassing conduct results in some significant change in an employee’s employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment.

A claim of harassment generally requires several elements, including:

1. The complaining party must be a member of a statutorily protected class;
2. S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;
3. The unwelcome conduct complained of was based on his or her membership in that protected class;
4. The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.

What is Not Harassment?

The anti-discrimination statutes are not a general civility code. Thus, federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. Rather, the conduct must be so objectively offensive as to alter the conditions of the individual’s employment. The conditions of employment are altered only if the harassment culminates in a tangible employment action or is sufficiently severe or pervasive to create a hostile work environment.

Report any incident of harassment immediately to your supervisor, any member of management and/or to the Director of the Office of Workplace Diversity.

Please don't hesitate to contact me if you have been harassed at work. Also, please feel free to post your eperiences so that other people can learn and also feel that they are not alone. I am finding that workplace harassment is pervasive and far reaching. So many employers are getting away with it, that they just assume they can. Let's help put a stop to it - I'll fight for you.

Bob Vogel

865-357-1949

 www.robertvogellaw.com