"It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
"Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general.
"Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.
"Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).
"The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer." (http://www.eeoc.gov/laws/types/sexual_harassment.cfm)
I had an associate who won a sexual harassment suit filed by an employee against her immediate supervisor. He spent nearly $200,000 to win.
It is worth creating a strategy for avoiding having to win a suit. I found a short booklet that I copied and asked each employee to read regarding being sensitive to the issue. The booklet had a page that the employees could sign and tear out for me to retain in their employee file. It defined sexual harassment, and gave examples of unacceptable behavior. There are a number on the internet. Find one that fits your company.
Booklet or training seminar unfortunately you need some way to address the issue and share your concern with your employees. You also need a written policy on what actions an employee should take if they feel uncomfortable including how the employee can report.
Original Content copyright Thomas Robinson 2010
No comments:
Post a Comment