Recently,
there has been a huge upsurge in the number of sexual harassment
lawsuits. It started with Anita Hill?s televised testimony at the
Clarence Thomas Senate Confirmation hearing to become a Supreme Court
Justice in 1991. Then Paula Jones? lawsuit against President Bill
Clinton and several multi-million dollar verdicts have caused a wave of
litigation. In 1998, the U.S. Supreme Court handed down two important
decisions that put the ball in the employer?s court in sexual
harassment lawsuits. Basically, they gave employers what we call an
?affirmative defense,? provided that they have a policy in place that
makes it clear the company does not tolerate sexual harassment. This
article will briefly summarize 3 keys to keeping your company out of
court.
? KEY #1 - Have A Written Sexual Harassment Policy
All employers should have a written sexual harassment policy,
which at a minimum provides: What sexual harassment is; sets forth a
mechanism for reporting it; states that all complaints will be promptly
and thoroughly investigated, and that if a violation is found, that
prompt and effective remedial action will be taken.
? KEY #2 - Communicate the Policy
It does no good to merely have a sexual harassment policy that
is sitting gathering dust in the Human Resources department or in an
employee handbook, the policy must be communicated to all of the
employees. It should be distributed to employees at the time of hire,
explained to them, and have them sign acknowledging receipt and
agreeing to abide by it. It should be posted on the wall and where
appropriate, translated into Spanish. It should be discussed at
meetings. Most important, it should be enforced and taken seriously
whenever a complaint is made, so that employees will feel comfortable
using it.
? KEY #3 ? Provide Training For Your Seminars
Under a new law, AB 1825, California now requires all employees
with 50 or more employees to provide a minimum of two (2) hours of
sexual harassment prevention training to their supervisors.
While it is not required for employers with less than fifty
(50) employees, it still is an excellent idea, since it improves
employee morale by preventing problems in the first place; teaches
supervisors how to nip the problems in the bud; and if an employer is
ever sued, the first question that they will be asked is: ?What have
you done to train your supervisors about sexual harassment prevention??
The employer can respond by providing the attendance sign-in sheet from
the training seminar.
I provide training to bring employers into compliance with the
new law, and to protect them from costly lawsuits. First, I check their
existing policy to make sure that it is adequate, or I draft a policy
for them if they don?t have one. Then I go out and meet with the
managers on site. I define sexual harassment for them, and go through
some hypothetical scenarios with them, so they understand what is and
is not acceptable behavior in the workplace. Then I go over their
policy with them, have them sign off that they have read it, understand
it, and will be bound by it. I tell them that if they violate the
policy, it may cost them their jobs. I provide additional tips on preventing sexual harassment at my website: www.sexualharassmentprevention.net/sexual.jsp.
For a free evaluation of your existing sexual harassment policy or for scheduling a training seminar, contact:
ELI M. KANTOR
9595 Wilshire Boulevard, Suite 405
Beverly Hills, CA 90212
(310) 274-8216
dreli173@aol.com
www.sexualharassmentprevention.net
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About The Author
Eli M. Kantor is an attorney in private practice in Beverly
Hills, California. Mr. Kantor represents employers in all aspects of
labor and employment law, including cases involving wrongful discharge
litigation, employment discrimination, sexual harassment, wage and hour
laws, independent contractor status, employee handbooks and personnel
practices, NLRB representation elections, union contract negotiation
and grievance/arbitration, ERISA and Pension Trust Fund matters,
construction labor law, entertainment labor law and immigration law.
Mr. Kantor received his B.A. Magna Cum Laude from U.C.L.A. in 1973 and
his J.D. in 1976 from Loyola Law School. Mr. Kantor was a Trial
Attorney at Region 21 of the National Labor Relations Board from
1976-1980. Since 1981, Mr. Kantor has been in private practice in
Beverly Hills, specializing in Labor and Employment Law. He has
lectured at U.C.L.A. Extension; at the U.C.L.A. Institute of Industrial
Relations, and at numerous continuing education programs on employment
related topics. He has conducted numerous seminars on Sexual Harassment
Prevention Training. In addition, he has written numerous articles on
labor and employment law, and has achieved Martindale-Hubbell's highest
accolade: an AV rating. Mr. Kantor is a member of the California State
Bar and is also admitted to practice before the United States District
courts for the Central District and Southern District of California,
and the Ninth Circuit Court of Appeals. Mr. Kantor is also a member of
the Labor Law Sections of the American Bar, California Bar, Los Angeles
County Bar and Beverly Hills Bar Association. In addition, Mr. Kantor
is a member of the U.C.L.A. Institute for Industrial Relations. |
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