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HR Support on Sexual Harassment in the Workplace
Editor's Note: Be sure you have a sexual harassment policy and conduct training for all employees!
Overview: There are a number of issues employers face when confronting sexual harassment in the workplace. All employers should have a policy that defines and prevents harassing behavior. The policy should designate a system for reporting complaints as well as let employees know that the employer will respond to any complaints of sexual harassment with prompt and immediate action. Employee training and development on the policy is critical for all employees and supervisors. It is also important that they understand the employer's zero tolerance policy for harassment. Employers should monitor the workplace and immediately respond to allegations of harassment by undertaking a full and thorough investigation. An employer must show that it is willing to take swift action and corrective measures. In many instances, this can serve as an employer's best defense to a harassment claim.
Trends: Non-traditional sexual harassment lawsuits are on the rise. There have been a significant number of claims brought by men based on harassment by women. Also, same sex harassment claims are increasing as well. Lastly, courts have determined that employees will have a claim for sexual harassment based on sex stereotyping and situations in which an individual is harassed because he or she did not conform to gender norms.
In addition, employers should be aware that in Vance v. Ball State University, the Supreme Court will address the question of how much authority an employee needs to have to be considered a supervisor. This is an important consideration because whether an individual is a supervisor depends on whether an employer will be vicariously liable for harassment.
Author: Beth Zoller, JD, Legal Editor
Latest items in Sexual Harassment
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Conduct an Internal Investigation - Checklist
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Cases Clarifying Obligations in Discrimination and Hostile Work Environment Claims Added to Litigation Chapter
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XpertHR Provides New Termination Guidance for California Employers
XpertHR provides up-to-date guidance for California employers regarding the implications of two recent decisions by state courts of appeals. California employers can use the information presented to shore up their termination and internal investigation practices.
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Sexual Harassment Settlement Provides Valuable Lessons for Transportation Employers
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Prior Romantic Tryst Does Not Make Harassing Conduct 'Welcome'
With Valentine's Day around the corner, many employees may have romance on the brain - and a fellow employee or even a supervisor or subordinate may be the target of their affection. An employer has plenty of reasons to discourage dating and romantic relationships in the workplace, including making the mistake of allowing a prior relationship between co-workers to cloud its handling of a sexual harassment complaint. One employer found out the hard way that it should not have discounted an employee's sexual harassment claim due to her prior intimate relationship with the alleged harasser.
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How to Conduct an Exit Interview
When employees resign, employers have a valuable opportunity to both gather candid information regarding their business practices and identify risk. This How To will assist employers with the steps to encourage employees to participate in exit interviews, select the right person to conduct exit interviews and how best to prepare for, conduct and process the information obtained during exit interviews.
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Exit Interview Policy
An employer may use this policy to convey the purpose for and importance of conducting exit interviews with employees departing the organization. Given that employers may collect valuable, candid information regarding employment practices from outgoing employees and may also identify post-termination risks such as lawsuits, employers are strongly encouraged to conduct exit interviews with all willing, outgoing employees. This policy can be used to put current employees on notice of the employer's intention to conduct such interviews and what the employer intends to do with the information it gathers.
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States Introduce Sexual Orientation Discrimination Legislation
Employers should be aware that Virginia, North Dakota and Nebraska recently introduced legislation that would make sexual orientation a protected class.
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Whopper of a Settlement: Burger King Franchisee Settles Sexual Harassment Lawsuit for $2.5 Million
A recent settlement against the largest Burger King franchisee may leave employers with a bad taste in their mouths and encourage them to be more proactive when it comes to sexual harassment. Carrols Corporation (Carrols) agreed to pay $2.5 million to a class of 89 women to settle a lawsuit brought by the Equal Employment Opportunity Commission (EEOC), alleging that the women were subjected to egregious sexual harassment and retaliation by managers when they worked at Burger King restaurants in the Midwest, Southeast and Northeast.
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Pursuit of Same-Sex Harassment Cases Yields Mixed Results
As the EEOC pursues cases of same-sex sexual harassment or discrimination, some victims have been victorious while others could not show that the discrimination or harassment was directly linked to their gender or based on sex stereotypes.
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HR guidance on workplace sexual harassment including creating a policy, training employees, immediately responding to harassment complaints and imposing discipline.