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 PROTECTING YOUR COMPANY
AGAINST HARASSMENT CLAIMS

by Charles P. Bauer

A. Train your staff and have a written policy you enforce.

Any employee who claims to have been subjected to unwelcome offensive sexual conduct or remarks by company executives, managers, co-workers or even customers can sue his or her employer. Sexual harassment may be "unwelcome" even if the employee participates in the conduct or remarks. Verbal abuse, which demeans one gender employee as compared to another, may also result in a lawsuit. Even without direct misconduct, the presence of sexually explicit pictures and jokes can create the type of "hostile environment" which qualifies as sexual harassment.

To be protected against lawsuits for sexual harassment, employers should take the following action:

1. Develop and publish a written policy against sexual harassment in the workplace. Make it clear harassment will not be tolerated and include a workable procedure for reporting, investigation and prosecution of complaints. Audit your company’s policy on a regular basis to insure it is up to date and meets the needs of your organization.
   
      
2. All employees in the organization, from top to bottom, must receive training and instruction on this subject, at least annually. All employees need to understand what sexual harassment is, how the company’s policy deals with it, and that sexual harassment is a violation of state and federal law which can subject the company and its managers and employees to lawsuits and damages.
   
   
3. Investigate all complaints and vigorously enforce the policy. All sexual harassment complaints must be taken seriously and investigated thoroughly. The complaint must be investigated by a responsible, competent person; in some cases a person from outside the organization. A written record should be maintained and a decision reached on the complaint. Appropriate remedial action (including discipline or discharge of the offender) must be taken if the investigation reveals sexual harassment has occurred.

If you would like more information on the subject of sexual harassment in the workplace or other employment law matters, contact Attorney Charles Bauer (charlie@ranspell.com).